SOCIETÀ ITALIANA DI DIRITTO ED ECONOMIA
Lorenzo Clementi (Autorità Garante della Concorrenza e del Mercato)
Abstract
The collective sale of football broadcasting rights in Europe has been a critical subject of legal, economic, and antitrust scrutiny. This paper presents a comprehensive analysis of the regulatory frameworks governing the collective sale of broadcasting rights, focusing on the competition decisions and legislative approaches across various European Union Member States. Building on the European Commission's landmark rulings under Article 101(3) TFEU, the study identifies key regulatory measures, such as the "no single buyer" rule, the unbundling of rights into packages, limitations on exclusivity periods, and the requirement for transparent and competitive tendering processes.
By comparing eighteen Member States' practices, including those of France, Italy, Germany, and the United Kingdom, the paper uncovers significant variations in how these rules are applied. Particular attention is given to assessing how these regulatory frameworks balance the need for maintaining competitive balance within football leagues while preventing monopolistic behavior in the broadcasting market. The analysis highlights how specific rules—such as rights unbundling, contract duration limits, and no-single buyer provisions—are applied to promote competition and market fairness, tailored to both local market conditions and EU competition law.
The paper concludes by discussing the broader implications for policy, emphasizing that while collective selling can enhance market efficiency and support equitable revenue distribution, stringent regulatory oversight is crucial to mitigate anti-competitive risks and ensure a dynamic, competitive broadcasting landscape.