FIGC, antitrust law at a distance: fine of over 4 million for abusing dominant position in youth tournaments

While the Italian national team is licking its wounds after a disastrous elimination from the European Championship in Germany, one new grain attacks the president of FIGC, Gabriele Gravinawho, like coach Spalletti, decided not to resign from his position on the Federation’s board. The Competition and Market Authority (Agcm) actually caused a fine of over EUR 4 million (4,203,447.54 euros) to the Italian Football Federation abuse of dominant position.

Accusations of the Guarantor’s Office against FIGC

According to the Antitrust Office, FIGC abused its dominant position in the market for organizing youth football competitions of a competitive nature, excluding sports promotion bodies (EPS) and restricting their activities in the amateur competition sector. The Office determined that the Federation, as we read in the note, “a from 1 July 2015implemented an exclusionary strategy in order to strengthen its dominant position and extend its control also to the amateur recreation market competing with Eps.

No agreements established

The first point of the fraud strategy implemented by the FIGC was failure to conclude contracts required by the CONI EPS regulations (2014) to conduct competitive activities. This move allowed the Federation prevent EPS from accessing the market organization of competitive events, guaranteeing FIGC a monopoly position.

Instrumental use of one’s own regulatory power

Secondly, the FIGC applied its own regulatory power in an instrumental wayillegally classifying as competitive amateur activity conducted by Eps with athletes from aged 12 to 17 years.

In addition, it imposed an agreement between the Federation and EPS and the preliminary authorization of the event also for athletes under 12 years of age, who by definition do not fall within the scope of competitive activities. This practice has limited freedom Amateur Sports Associations affiliated to the FIGC and their athletes holding dual membership in order to participate in tournaments organized by these organizations.

FIGC: “Unfair sanction, we will appeal to TAR”

The Football Federation’s response was immediate, rejecting the accusations and repeating correctness of someone’s actions and defining unjustified sanctionAccording to FIGC, the arguments underlying the sanctions are documented and based on incorrect legal reasoning. The appeal to the Regional Administrative Court of Lazio is therefore ready.

“Referring to the announcement received today from the Antitrust Office, FIGC considers the sanction to be unjustified, based on documented arguments and incorrect legal justification. Moreover, this sanction was imposed for the same reasons as the Italian Federation of Equestrian Sports (Fise) was imposed in similar proceedings. The decision was subsequently annulled by the Council of State in judgment no. June 5, 5054th. For this reason, confirming the absolute correctness of its actions, the FIGC announces that the appeal with a request for suspension is forwarded to TRA Lazio,” FIGC press release.