Gameday for Football Agents: Dominance, free movement and data protection in RRC Sports (Part 3)
This[1] is Part 3 of this article series on the Court of Justice of the European Union’s (CJEU) ROGON[2] (C-428/23) and RRC Sports[3] (C-209/23) rulings. RRC Sports concerns the FIFA Football Agent Regulations (FFAR), FIFA’s new regulatory framework for football agents operating in the international transfer system, which introduced (among other rules) a mandatory licensing regime for football agents, limits on when agents can approach players, and disclosure obligations. ROGON concerned rules adopted by the German football federation (DFB), regulating the use by clubs and players of the services of football agents.
Having covered the analysis of Article 101 (prohibition on anti-competitive agreements) of the Treaty on the Functioning of the European Union (TFEU) in the previous part (see Part 2 here), this article turns to the three remaining issues in RRC Sports: dominance under Article 102 TFEU, free movement under Article 56 TFEU and data protection.
This article looks at:
- Dominance without market participation: how regulatory power became market power (Article 102 TFEU)
- Two more fronts: free movement and data protection
Note: The authors formed part of the team that represented FIFA in the RRC Sports case.
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- Tags: Antitrust_Competition & EU | Court of Justice of European Union | European Union | FIFA | FIFA Football Agent Regulations | Football | Treaty of Functioning of the European Union (TFEU)
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Written by
Peter Turner-Kerr
Peter Turner-Kerr joined the firm in 2019 from the Australian Competition and Consumer Commission (ACCC), where he was a Director in the Merger Investigations Branch and led a number of significant merger reviews, including, for example, the Siemens-Alstom and Tronox-Cristal transactions.
