Who owns football? The future of sports governance and regulation after European Superleague

The Grand Chamber ruling in European Superleague is a landmark in European Union (EU) sports law. Prompted by the attempt of a group of elite football clubs to establish a breakaway competition, the case provided the Court of Justice with the opportunity to consolidate and further develop its sports jurisprudence. This article reflects on what precisely the judgment changes and how it will affect football governance and regulation. Superleague’s main doctrinal contribution is an expansive interpretation of EU competition law and a restrictive reading of art.165 TFEU. On the governance side, the decision weakens the institutional elements of the European Sports Model, while strengthening its underlying cultural values. On the regulatory side, the new legal framework will facilitate greater control of football federations through EU law, but could render EU policy making in the sector more challenging. The result both reflects and impacts on the increasingly fierce fight over who owns the game.