The Bundeskartellamt has issued its preliminary legal assessment of the 50+1 rule following a formal request by the Deutsche Fußball Liga (DFL). The authority concluded that the rule—which aims to preserve the club-based character of German football and promote member participation—does not, in principle, raise fundamental concerns under competition law. In light of recent rulings by the European Court of Justice (ECJ) concerning the application of competition law to sport (European Superleague Company, ISU, and Royal Antwerp), the Bundeskartellamt considers the 50+1 rule potentially justifiable under EU law, provided it is applied consistently, transparently, and without discrimination.
While the objective of the rule remains compatible with competition law, the Bundeskartellamt identified significant deficiencies in its implementation. These include: (i) unequal access to club membership and voting rights among Bundesliga and Bundesliga 2 clubs; (ii) procedural shortcomings in DFL’s internal governance—particularly during the December 2023 vote on investor participation in media revenues; and (iii) unresolved legal concerns regarding the continued benefactor exemptions granted to certain clubs, such as Bayer Leverkusen and VfL Wolfsburg.
In response, the Bundeskartellamt has issued non-binding but detailed recommendations to DFL, encouraging reforms to ensure legal certainty and alignment with competition law standards. These recommendations include introducing uniform membership policies across all clubs, enhancing transparency in voting procedures, and revising the legal framework concerning benefactor exemptions in light of evolving ECJ jurisprudence.
The Bundeskartellamt has invited DFL and other involved stakeholders to submit comments before the authority finalizes its recommendations and concludes the proceeding. As the process was initiated at DFL’s request, the Bundeskartellamt emphasized that it does not constitute an adversarial investigation, and the implementation of the recommendations remains within DFL’s autonomous decision-making framework.
(Bundeskartellamt – 16.06.2025)
NAZALI TAX & LEGAL