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The Provincial Court of Madrid reactivates the armor of the Super League before possible sanctions

MADRID, 31 Ene.

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The Provincial Court of Madrid reactivates the armor of the Super League before possible sanctions

MADRID, 31 Ene. (EUROPA PRESS) -

The Provincial Civil Court of Madrid has reactivated the precautionary measures that prevent both FIFA and UEFA from establishing sanctions against the Super League, after revoking the order of April 20, 2022 of the Commercial Court no. 17 of Madrid decreeing the uprising of these measures.

The Court has upheld the appeal filed by the Super League and has revoked the appealed resolution of the order from last April, when the Commercial Court number 17 of Madrid ruled the end of the precautionary measures requested by the Super League after estimating the appeal presented by UEFA, which had a free hand to penalize Real Madrid, FC Barcelona and Juventus, the three survivors of the project, if it wished.

According to the order known this Tuesday, the Super League project "would not be incompatible with the fact that the interested clubs could continue to take part in national competitions", and it highlights that the decision to abandon a competition "should be free and not imposed according to criteria of a manager who could incur in arbitrariness from the position of conflict of interest that arises for the monopolist who shows signs that he aspires to maintain his privileged status".

In addition, it highlights that an "aggression against free competition" is taking place from the moment that "from the position of dominance it is trying to influence decisively, through the threat of adopting sanction measures against it, on the subjects that provide the services in the relevant market so that they desist from offering them to the competitor".

"We consider the possible justification of the conduct of FIFA and UEFA as an attempt to protect the European sports model as a flimsy excuse," says the order of the Provincial Court of Madrid, which describes the conduct of the two as "particularly serious". sport governing bodies.

"FIFA and UEFA cannot justify their anti-competitive behavior as if they were the only custodians of certain European values, especially if this has to serve as an excuse to sustain a monopoly from which they can exclude or hinder the initiative of those who aspire to be their competitor. , because this upsets their structure and business model," he adds.

In this sense, it stresses that "the monopoly is being exercised by private entities that claim the power of decision on who should be able to operate in the market for the organization of international professional football competitions in Europe and that have shown a design contrary to having to share even a portion of it with someone who aspires to be a competitor".

In April 2021, twelve clubs, including Real Madrid, FC Barcelona and Atlético de Madrid, announced the formation of a European Super League, but the plan failed after a few days due to opposition from fans, leagues and federations. Nine of the clubs quickly withdrew from the project: the six English teams Manchester City, Manchester United, Liverpool, Chelsea, Tottenham and Arsenal, plus AC Milan, Inter Milan and Atlético Madrid.

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