Rules of purely sporting interest and EU competition law: why the Wouters exception is not necessary

This article explores the status of sporting rules in European Union competition law. While it is undeniable that there is something peculiar about them, these rules do not require, contrary to what it is generally assumed, ad hoc immunity under Articles 101 and 102 TFEU. Similarly, what has come to be known as the ‘Wouters exception’ is not necessary to bring them in line with the said provisions. It is submitted that careful consideration of the economic logic underlying restrictions imposed on participants in a sports competition is as such sufficient to conclude that they are very often pro-competitive.