Break-even kraven i Financial Fair Play - Konkurrensrättslig begränsning eller nödvändig ekonomisk reglering?

Sammanfattning: Sport's legal status in the EU and how EU law should be applied in sports is an issue that has been debated extensively in connection with the sport growing economic importance. This is illustrated primarily by the footballing market that has come to grow into a multi-billion dollar industry involving thousands of people around Europe. In connection with the professional football's economic growth has, however, problems arisen regarding the sporting organizations ability to self-regulation of the sport. The EU has, thanks to caselaw, been given an increasing level of jurisdiction within the regulation of sport. UEFA's introduction of FFP and break-even requirements have meant that the football clubs' ability to invest freely has been restricted which seems particularly restrictive. The European football market can without difficulty be found to constitute a primarily economic activity.Via the application of Article 101.1 TFEU, one can quickly conclude that framework fulfills all the criteria to be considered an anti-competitive decision by an association of undertakings. Opportunities for exemption under Article 101.3 TFEU are possible but at first glance it seems like the FFP should be considered as restrictive regulations regardless of the purpose of the rules is legitimate according to the Commission. As always with competition law judgments, the economic benefit of the rules must be weighed against the anti-competitive effects. In the end, it seems that the break-even requirements significance for greater economic stability in the European football market outweigh the anticompetitive effects that the rules are having on the market in question.