EU Court of Justice Reminds Us: Football Has No Publisher

Recently, the European Court of Justice made a ruling in the Super League football case that has far-reaching implications for the sports industry. The court determined that FIFA and UEFA’s rules, which require prior authorization for any new club football competition, such as the Super League, and prohibit clubs and players from participating in such competitions, are illegal.

The court concluded that FIFA and UEFA’s powers are not subject to any criteria that guarantee their transparency, objectivity, non-discrimination, or proportionality. Additionally, the court found that FIFA and UEFA’s exclusive control over the commercial exploitation of the rights derived from these competitions may restrict competition.

This ruling has significant implications for the future of football, as it means that clubs have the right to create their own competitions without seeking authorization from FIFA or UEFA. However, the ruling does not necessarily mean that the competitions created by clubs will be successful or sustainable.

The ruling also has implications for the esports industry. Unlike football, esports are not considered a sport, and there is no FIFA or UEFA equivalent governing body. Instead, publishers hold the intellectual property rights to the titles under which esports are developed, and any action related to these games must pass through them. This means that esports will never be classified as a sport, and modifying sports laws to include esports is unnecessary.

Overall, the court’s ruling clarifies that FIFA and UEFA do not have exclusive control over football and that publishers hold the key to the esports industry. While this may seem obvious to those within the industry, the ruling provides clarity for those looking to enter the esports industry or explore new opportunities.