The exclusion of sports clubs from the junior hockey league: the case of the Czech Republic from the perspective of EU competition law

Abstract

In February 2019, the Executive Committee of the Czech Ice Hockey Association (CIHA) decided to create a new junior hockey competition, the Junior League of Academies, beginning in September 2019. As a result, a few clubs were administratively excluded from the highest junior competition. Three of the five excluded clubs decided to initiate arbitration proceedings. After the failure of arbitration, the clubs filed a lawsuit in the Czech civil court seeking the annulment of the decision of the CIHA to expel them from the competition. This article analyses the actions of CIHA from the perspective of EU competition law. It assesses whether the CIHA’s exclusion of clubs from the new league may violate Articles 101 or 102 TFEU. For this purpose, the article uses the methodological approach adopted by the Court in Meca-Medina . Although in general, in accordance with EU law and EU law policy, the organization of competitions and the setting of sporting rules fall within the competence of sports associations, these competences are not unlimited. Sports rules have to be set up in advance based on the transparent process of sports governing body in accordance with good governance principles. If the procedure of adopting sporting rules is not in accordance with the principles of good governance, it cannot be considered inherent and proportionate and as such it may be found contrary to the Article 101 or 102 TFEU.