Levelling the Playing Field: Opportunities and Obstacles Generated by Competition Law for Stakeholders in Sporting Disputes

Competition law is now firmly embedded in the fabric of modern sport. From challenges to league authorisation rules and rival competitions (following the European Super League litigation), to scrutiny of transfer systems, financial sustainability rules, salary caps, agent fee restrictions and collective selling arrangements, governing bodies are facing sustained antitrust pressure across the UK and Europe — with parallel developments in the US. What were once treated as internal regulatory or “purely sporting” matters are increasingly being tested against principles of transparency, objectivity, proportionality and non-discrimination.

At the same time, much of this friction plays out in arbitration, creating a fascinating dynamic: competition law, as a matter of mandatory public law, being deployed strategically within private arbitral frameworks. The session would explore how clubs, athletes, breakaway competitions, leagues and investors can leverage competition law arguments to improve their strategic positioning in disputes, whether to challenge exclusionary rules, resist regulatory constraints, or defend governance frameworks. The session would also examine the procedural and remedial implications of running competition arguments in arbitration (including jurisdictional questions, interim measures, confidentiality versus public scrutiny, and the enforcement of awards).