Levelling the Playing Field: Opportunities and Obstacles Generated by Competition Law for Stakeholders in Sporting Disputes
Introduction
This discussion brings together three practitioners with deep experience at the intersection of sport and competition law: Huw Jenkin, Partner at Travers Smith LLP; Rob Williams KC, barrister at Monckton Chambers; and Stefanie Pfisterer, Partner at Homburger. Against a backdrop of high-profile disputes, transformative private investment, and an evolving European legal framework, they explore how competition law is reshaping the landscape of sporting disputes.
Part One: Substantive Boundaries – Competition Law and the "Specificity of Sport"
The role of non-economic objectives: To what extent do tribunals still treat sport as something truly different, and how has the weight given to non-economic objectives shifted over the years?
The commercial-sporting divide: The advent of serious private capital investment, particularly in football, is well documented. Has that made a difference to tribunal attitudes in practice? And do you see a difference between heavily commercialised sports and those with less commercial penetration?
Part Two: Forum, Enforcement and Global Fragmentation
Arbitration vs public law tension: Many sports disputes are resolved in arbitration, often behind closed doors. How comfortable are you with competition law, as a matter of public policy, being adjudicated in private arbitral forums? Does this create legitimacy or enforcement concerns?
Deploying competition law: From a practitioner's perspective, how has competition law changed the way parties approach disputes with leagues or governing bodies? Is it now a central strategic tool, or still something used selectively in high-stakes cases?
Consistency across fora: Do you see meaningful differences in how competition law issues are approached by courts (particularly in Europe) versus CAS or other arbitral tribunals? Is there a difference in the intensity of scrutiny applied, and what are the practical implications for parties deciding where and how to bring claims?
Jurisdictional strategy: Given the increasing role of competition law, are we likely to see more deliberate forum shopping in sports disputes — for example, attempts to bypass arbitration clauses or invoke national courts? How are governing bodies responding?
Part Three: Strategy, Leverage and Looking to the Future
Looking ahead: Over the next 3-5 years, where do you see the biggest flashpoints at the intersection of sport and competition law? Are there particular areas — financial regulation, breakaway competitions, player mobility, media rights — where you expect further disputes or legal development?
