European Commission opens investigation into ISU eligibility rules

European Commission opens investigation into ISU eligibility rules

On 5 October, the European Commission launched a formal antitrust investigation into the International Skating Union (ISU) eligibility rules. ISU rules prevent skaters to take part in events not approved by the ISU, under threat of being permanently banned from competitions such as the Winter Olympics and the World and European Championships.
The decision to open an antitrust investigation into ISU rules has been taken following a complaint by two Dutch ice speed skaters, Mark Tuitert and Niels Kerstholt. The two athletes wanted to participate in a new speed skating event in Dubai. However, ISU decided not to recognise this event as it was “possibly being closely connected to betting”, and threatened anyone participating to become ineligible for ISU activities and competitions.
The European Commission will have to decide whether ISU rules violate article 101 and 102 TFEU that prohibit anti-competitive agreements and the abuse of a dominant market position.
The specificity of sport and the autonomy of sporting organisations have been recognised by the EU on several occasions – Margrethe Vestager, EU Commissioner for competition policy, recalled “the role of international sports federations to set the rules of the games and to ensure the proper governance of sport”. She justified the opening of the investigation by the fact that the ISU case “raises specific allegations of breaches of competition law at international level”.
With regard to competition investigations in sport, the European Commission has generally used a case by case approach. However, the ISU case offers the possibility to set up some general criteria that could enhance the legal certainty for the future. It is worth to mention that several similar cases are ongoing with some EU national antitrust authorities such as in Sweden, Italy and Ireland.
Previous jurisprudences from the European Court of Justice stated that sporting rules are applying to EU competition rules when the organisations setting-up the rules or the persons affected by the rules are part of an economic activity. Sporting rules are likely not to breach the anti-trust provisions of the EC Treaty, if their anti-competitive effects are inherent and proportionate to pursue legitimate interest. Contrary to state aid investigations, there are no legal deadlines regarding anti-trust cases.

FURTHER INFORMATION
Press release of the European Commission

Recent Posts

New Bureau elected at EU Parliament’s constitutive plenary session

The first plenary session of the 10th legislature of the European Parliament took place in Strasbourg from 16 to 19 July and started with the re-election of Roberta Metsola (EPP, Malta) as President of the European Parliament for the next 2.5 years. With 562 votes in favour, Metsola is now confirmed as one of the four […]

Read More
Belgian Olympic Academy 2025 open for application!

The Belgian Olympic Academy has opened its registration procedure for the 2025 edition of the training programme. In collaboration with Universiteit Gent, the Université Catholique de Louvain, and the Belgian Olympic and Interfederal Committee (BOIC), the Academy aims to enhance management skills in sports organisations through innovative academic and practical approaches to leadership. Scheduled from January 2025, […]

Read More
SIGGS 3.0 Mid-Term Meeting

The EOC EU Office hosted a productive mid-term meeting for the SIGGS 3.0 project this week in Brussels, showcasing significant progress and exciting future plans for the updated Good Governance self-evaluation tool. The consortium is on track to finalise all 31 topics across six dimensions by the end of August and extends thanks to the […]

Read More

Related Posts

July 19, 2024
New Bureau elected at EU Parliament’s constitutive plenary session

The first plenary session of the 10th legislature of the European Parliament took place in Strasbourg from 16 to 19 July and started with the re-election of Roberta Metsola (EPP, Malta) as President of the European Parliament for the next 2.5 years. With 562 votes in favour, Metsola is now confirmed as one of the four […]

July 12, 2024
Belgian Olympic Academy 2025 open for application!

The Belgian Olympic Academy has opened its registration procedure for the 2025 edition of the training programme. In collaboration with Universiteit Gent, the Université Catholique de Louvain, and the Belgian Olympic and Interfederal Committee (BOIC), the Academy aims to enhance management skills in sports organisations through innovative academic and practical approaches to leadership. Scheduled from January 2025, […]

July 12, 2024
SIGGS 3.0 Mid-Term Meeting

The EOC EU Office hosted a productive mid-term meeting for the SIGGS 3.0 project this week in Brussels, showcasing significant progress and exciting future plans for the updated Good Governance self-evaluation tool. The consortium is on track to finalise all 31 topics across six dimensions by the end of August and extends thanks to the […]

About us

The EOC EU Office is the House of European Sport, representing the European Olympic Committees (EOC), the IOC and other major sport organisations to the European institutions in Brussels.
CONTACT
crossmenu linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram