UEFA as Referee and Striker: Liberalisation in European Club Football

This article examines the evolving regulation of professional football within the European legal order. Sport has gradually become more under the scope of EU law through some landmark judgments. As commercialisation intensifies, the governance structures of professional football in Europe and the legitimacy of UEFA's monopoly position has been increasingly contested, particularly following the European Super League case. UEFA's position in the European club football tournament market does not constitute a natural monopoly in the strict economic sense; instead it exercises a regulatory monopoly by virtue of its power to authorize third-party tournaments. While rival competitions are theoretically possible, UEFA's control over access makes it an gatekeeper in this market similar to gatekeepers in network industries and digital platform economy. Drawing on liberalisation experiences in those two sectors, this article argues that football's regulatory context is distinct due to the specificity of sport. It evaluates third-party access, unbundling and competitive bidding, with the conclusion that the latter offers the best way forward to opening up the European club football tournament market to competition.