Madrid Court condemns FIFA and UEFA. Clifford Chance at the front line

In a victory for the promoters of the Super League, the High Court of Justice in Madrid on Tuesday upheld the 2024 ruling that FIFA and the Union of European Football Associations (UEFA) had abused their dominant position in the market by preventing clubs and players from participating in alternative competitions. The decision rejected appeals filed by UEFA, LaLiga, and the Royal Spanish Football Federation.

The legal dispute arose following the announcement of the Super League in 2021, a breakaway project promoted by 12 clubs from Spain, Italy, and England. The initiative collapsed within days due to strong public opposition and FIFA’s warning of sanctions for participating clubs and players. The European Superleague Company, together with A22 Sports Management, filed a lawsuit alleging that FIFA and UEFA had abused their dominant position by prohibiting them from creating alternative competitions.

The case proceeded before the Madrid Commercial Court, which requested the opinion of the Court of Justice of the European Union. In 2023, the European court ruled that FIFA and UEFA rules making the creation of competitions subject to their approval were illegal, and that their exclusive control over commercial rights restricted competition. Based on this ruling, the Madrid Commercial Court ruled in 2024 that FIFA and UEFA had abused their dominant position.

Real Madrid, one of the LaLiga clubs behind the attempted Super League breakaway of 2021, issued a statement on Wednesday saying the dismissal of the appeals “confirms UEFA seriously breached European Union competition law in the Super League case.”

The appellants were ordered to pay the costs of the proceedings and have 20 days from notification to appeal to the First Chamber of the Spanish Supreme Court.

Advisors

Clifford Chance represented the European Superleague Company and A22 Sports Management, with a team led by partners Fernando Irurzun Montoro, Luis Alonso, and Miguel Odriozola.

Ashurst and the Spanish law firm MLAB defended UEFA in its appeal, with a team led by partners José Antonio Rodríguez Álvarez and Alberto Manzanares Entrena, together with MLAB’s managing partner, Helmut Brokelmann.

LaLiga was advised by Marimón Abogados, led by partners José Marcelino Pajares Villarroya and Yolanda Martínez Mata, while the Royal Spanish Football Federation was advised by its legal director, Jordi Aparisi Seguí.