Dutch speed skating duo files EU antitrust complaint against the International Skating Union

This article details the antitrust complaint lodged by two Dutch speed skaters and analysis the monopoly power of international sports federations’ over the organisation of sports events.

Background

In June 2014, two prominent Dutch speed skaters, Mark Tuitert (Olympic Champion 1500m) and Niels Kerstholt (World Champion short track), filed a competition law complaint against the International Skating Union (ISU) with the European Commission. They allege that the ISU is acting in violation of Article 101 TFEU (prohibiting anti-competitive agreements)¹ and  Article 102 TFEU (prohibiting the abuse of a dominant position)² by prohibiting skaters from participating in events competing with those organized and promoted by ISU.

The issues addressed in their complaint are not unique to speed skating. In various other sports, international federations similarly restrict the economic opportunities of athletes to participate in so-called “unsanctioned” events (see below). In the absence of sufficient procedural safeguards, this evidently raises concerns about a conflict of interest between a federations’ power to authorise the organisation of events and the federation’s commercial interests in promoting its own events.

Perhaps surprisingly, this is the first time that athletes – the ultimate sufferers from unfair competition on the market for the organization of sporting events – are challenging restrictions on their participation in unsanctioned events at the EU level. This case gives the European Commission, who is currently conducting a preliminary investigation, the opportunity to set an important precedent across Europe that may positively affect the lives of thousands of professional athletes.