2023-03-06

Use & Abuse of the Ancillary Restraints Doctrine

AG Opinion in CJEU 333/21 (“European Super League”)

The ancillary restraints doctrine in EU competition law is normally used exceptionally for validating restrictions that are ancillary to a primary set of practices whose goals are clearly in the public interest. Relying upon this doctrine in conjunction with vague concepts related to the European Sports Model, to validate the restrictive practices of FIFA’s football competition oligopoly, would...