Cross–border perspectives on antitrust and sports

Part IV - Downplayed: The role of the by-object test in sports cases

This article is part IV of Concurrences Review N° 1-2026 Cross-border perspectives on antitrust and sports.

This article examines the application of Article 101 TFEU within the sports sector, focusing, in particular, on the European Super League judgment (“Superleague”) and its broader implications extending beyond football and breakaway competitions. The authors examine how the Court of Justice of the European Union applied Article 101 TFEU in the Superleague case and also analyse the recent opinions delivered by Advocate General Emiliou in RRC Sports, Tondela and ROGON.

Competition authorities and courts have become increasingly involved in sporting matters in recent years. Whilst this engagement has helped clarify regulatory expectations, it has also created interpretive challenges around the assessment of sporting rules as enacted by sports governing bodies. 

The evolving legal landscape

Whilst the Superleague judgment established the importance of procedural safeguards  when governing market access  – namely that rules should be transparent, objective, non-discriminate and proportionate, – this article demonstrates that Superleague did not do away with the fundamental need to conduct a thorough analysis of the by-object test when determining if a sporting rule is restrictive of competition by object. As illustrated by opinions of Advocate General Emiliou in the EU cases of Tondela, RRC Sports and ROGON, the article emphasises that contextual analysis remains crucial when assessing restrictions of competition. 

For sports bodies operating and/or governing in today’s regulatory environment, it is essential to understand that  litigants and claimants cannot simply complete a tick-box exercise post-Superleague to prove a rule is automatically anticompetitive.

Key insights for sports stakeholders

• Why identifying "by object" restrictions still requires examining the content, objectives and legal and economic context of sporting rules
• How recent case law – including Advocate General Emiliou's opinions in RRC Sports, Tondela and ROGON – provides important reminders on following this contextual approach
• Practical implications for sports bodies seeking to establish and maintain governance structures and the importance of legitimate objectives such as athlete welfare and competition integrity

The Superleague judgment has had far-reaching effects that extend beyond simply addressing market access in football. As our authors analyse, understanding its proper scope is crucial for sports organisations navigating the intersection of competition law and sports governance.

Read the full article in Concurrences Review for detailed cross-border perspectives and practical guidance on this evolving area of law. 

Free access to this article is available until 21 February 2026.

For more information, please contact Saskia King, Emma Bermingham, Richard Bush or Aditi Aggarwal.

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