The German cartel office is investigating DFL licenses regarding the 50+1 rule

The German antitrust agency said there are still no general objections to the unique 50+1 ownership rule in German football following a recent ruling by the European Court of Justice (ECJ).

However, the antitrust agency stated that it would make the final decision on the compliance of the provision with European antitrust law only after the German Football League (DFL) conducts proceedings regarding the licensing of clubs.

The 50+1 rule means that investors cannot acquire a majority share in a club, as 50% plus one share must be owned by the club.

The exceptions are Bundesliga and German Cup champions Bayer Leverkusen and Wolfsburg, which have long been financed by chemical company Bayer and car makers Volkswagen, respectively.

The DFL vote on the 50+1 changes was postponed until the antitrust agency’s final ruling.

“The new case law of the Court of Justice does not fundamentally change our assessment of the basic 50+1 rule,” Andreas Mundt, chairman of the anti-cartel office, said in a statement on Wednesday.

“This does not change the fact that the club’s purpose may justify an exception to antitrust law. In this respect, we also consider that this provision is, in principle, proportionate.”

In the dispute over the planned Super League, the ECJ ruled that football federations cannot make other competitions conditional on their consent or prohibit clubs and players from participating in them. It was also said that this does not mean that the Super League will become a reality.

Mundt said the Court of Justice has stringent criteria for antitrust exemptions that justify an investigation into DFL’s licensing procedures.

The DFL had been hoping for a final decision, but in its statement it called the antitrust agency’s latest statement “positive.”

“It is in DFL’s interest that a legally safe 50+1 assessment by the cartel office is possible and in line with European competition law,” DFL said.