{"attribution":{"source":"legal.exploreworldai.com","canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-133-24","cite_as":"NovaCopilot, legal.exploreworldai.com (https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-133-24)","license":"https://legal.exploreworldai.com/revision","version":"legal-2026-10-20","fingerprint":"ewai:eu:cf0e00","proof":"sha256:85a8a54a845175ea2d3ee82e86ae8c04c6b3ad03a8ea098ed2335cc77a5b7d7c","jurisdiction":"eu","lang":"en","publisher":"NovaCopilot by ExploreWorld Legal","terms":"https://legal.exploreworldai.com/om"},"brand_source":"Source: NovaCopilot","item":{"schema_version":"1.0.0","id":"eu:c-133-24","jurisdiction":"eu","lang":"en","brand_source":"Source: NovaCopilot","brand":{"product":"NovaCopilot","platform":"ExploreWorldAI","infrastructure":"ExploreWorld Legal","infrastructure_url":"legal.exploreworldai.com","legal_entity":"Valkiv Ventures AB","permanent_url":"https://legal.exploreworldai.com/novacopilot","source":"Source: NovaCopilot","powered_by":"Powered by NovaCopilot","license":"https://legal.exploreworldai.com/licensvillkor"},"sections":[{"title":"62024CJ0133","paragraphs":[]},{"title":"JUDGMENT OF THE COURT (Fifth Chamber)","paragraphs":[]},{"title":"30 April 2026 (\n *1\n )","paragraphs":["para_4","para_5","para_6","para_7","para_8","para_9","para_10","para_11","para_12","para_13","para_14","para_15","para_16","para_17","para_18","para_19","para_20","para_21","para_22","para_23","para_24","para_25","para_26","para_27","para_28","para_29","para_30","para_31","para_32","para_33"]},{"title":"Sport Lisboa e Benfica – Futebol, SAD","paragraphs":["para_35","para_36","para_37","para_38","para_39","para_40","para_41","para_42","para_43","para_44","para_45","para_46","para_47","para_48","para_49","para_50","para_51","para_52","para_53","para_54","para_55","para_56","para_57","para_58","para_59","para_60","para_61","para_62","para_63","para_64","para_65","para_66","para_67","para_68"]},{"title":"Judgment","paragraphs":[]},{"title":"1","paragraphs":["para_71"]},{"title":"2","paragraphs":["para_73"]},{"title":"Legal context","paragraphs":[]},{"title":"3","paragraphs":[]},{"title":"Article 101 TFEU provides:","paragraphs":["para_77"]},{"title":"(a)","paragraphs":["para_79"]},{"title":"(b)","paragraphs":["para_81"]},{"title":"(c)","paragraphs":["para_83"]},{"title":"(d)","paragraphs":["para_85"]},{"title":"(e)","paragraphs":["para_87","para_88"]},{"title":"3.   The provisions of paragraph 1 may, however, be declared inapplicable in the case of:","paragraphs":["para_90","para_91","para_92","para_93","para_94","para_95","para_96"]},{"title":"(a)","paragraphs":["para_98"]},{"title":"(b)","paragraphs":["para_100"]},{"title":"The dispute in the main proceedings and the questions referred for a preliminary ruling","paragraphs":[]},{"title":"4","paragraphs":["para_103"]},{"title":"5","paragraphs":["para_105"]},{"title":"6","paragraphs":["para_107"]},{"title":"7","paragraphs":["para_109"]},{"title":"8","paragraphs":["para_111"]},{"title":"9","paragraphs":["para_113"]},{"title":"10","paragraphs":["para_115","para_116"]},{"title":"11","paragraphs":["para_118","para_119"]},{"title":"12","paragraphs":["para_121","para_122","para_123"]},{"title":"13","paragraphs":["para_125"]},{"title":"14","paragraphs":["para_127"]},{"title":"15","paragraphs":["para_129"]},{"title":"16","paragraphs":["para_131"]},{"title":"17","paragraphs":["para_133"]},{"title":"18","paragraphs":["para_135","para_136","para_137","para_138","para_139","para_140"]},{"title":"19","paragraphs":["para_142"]},{"title":"20","paragraphs":["para_144"]},{"title":"21","paragraphs":["para_146"]},{"title":"22","paragraphs":["para_148"]},{"title":"23","paragraphs":["para_150"]},{"title":"24","paragraphs":["para_152"]},{"title":"25","paragraphs":["para_154"]},{"title":"26","paragraphs":["para_156"]},{"title":"27","paragraphs":["para_158"]},{"title":"28","paragraphs":["para_160","para_161","para_162"]},{"title":"(2)","paragraphs":["para_164"]},{"title":"(3)","paragraphs":["para_166"]},{"title":"Consideration of the questions referred","paragraphs":[]},{"title":"Preliminary observations","paragraphs":[]},{"title":"29","paragraphs":["para_170"]},{"title":"30","paragraphs":["para_172"]},{"title":"31","paragraphs":["para_174"]},{"title":"32","paragraphs":["para_176"]},{"title":"33","paragraphs":["para_178"]},{"title":"34","paragraphs":["para_180"]},{"title":"The third question","paragraphs":[]},{"title":"35","paragraphs":["para_183"]},{"title":"36","paragraphs":["para_185"]},{"title":"37","paragraphs":["para_187"]},{"title":"38","paragraphs":["para_189"]},{"title":"39","paragraphs":["para_191"]},{"title":"40","paragraphs":["para_193"]},{"title":"41","paragraphs":["para_195"]},{"title":"42","paragraphs":["para_197"]},{"title":"43","paragraphs":["para_199"]},{"title":"44","paragraphs":["para_201"]},{"title":"45","paragraphs":["para_203"]},{"title":"46","paragraphs":["para_205"]},{"title":"47","paragraphs":["para_207"]},{"title":"48","paragraphs":["para_209"]},{"title":"49","paragraphs":["para_211"]},{"title":"50","paragraphs":["para_213"]},{"title":"51","paragraphs":["para_215"]},{"title":"52","paragraphs":["para_217"]},{"title":"53","paragraphs":["para_219"]},{"title":"54","paragraphs":["para_221"]},{"title":"55","paragraphs":["para_223"]},{"title":"56","paragraphs":["para_225"]},{"title":"57","paragraphs":["para_227"]},{"title":"58","paragraphs":["para_229"]},{"title":"59","paragraphs":["para_231"]},{"title":"60","paragraphs":["para_233"]},{"title":"61","paragraphs":["para_235"]},{"title":"62","paragraphs":["para_237"]},{"title":"63","paragraphs":["para_239"]},{"title":"64","paragraphs":["para_241"]},{"title":"65","paragraphs":["para_243"]},{"title":"66","paragraphs":["para_245"]},{"title":"67","paragraphs":["para_247"]},{"title":"68","paragraphs":["para_249"]},{"title":"69","paragraphs":["para_251"]},{"title":"70","paragraphs":["para_253"]},{"title":"71","paragraphs":["para_255"]},{"title":"72","paragraphs":["para_257"]},{"title":"73","paragraphs":["para_259"]},{"title":"74","paragraphs":["para_261"]},{"title":"75","paragraphs":["para_263"]},{"title":"76","paragraphs":["para_265"]},{"title":"77","paragraphs":["para_267"]},{"title":"78","paragraphs":["para_269"]},{"title":"79","paragraphs":["para_271"]},{"title":"80","paragraphs":["para_273"]},{"title":"81","paragraphs":["para_275"]},{"title":"82","paragraphs":["para_277"]},{"title":"83","paragraphs":["para_279"]},{"title":"84","paragraphs":["para_281"]},{"title":"85","paragraphs":["para_283"]},{"title":"86","paragraphs":["para_285"]},{"title":"87","paragraphs":["para_287"]},{"title":"88","paragraphs":["para_289"]},{"title":"89","paragraphs":["para_291"]},{"title":"The first and second questions","paragraphs":[]},{"title":"90","paragraphs":["para_294"]},{"title":"91","paragraphs":["para_296"]},{"title":"92","paragraphs":["para_298"]},{"title":"93","paragraphs":["para_300"]},{"title":"94","paragraphs":["para_302"]},{"title":"95","paragraphs":["para_304"]},{"title":"96","paragraphs":["para_306"]},{"title":"97","paragraphs":["para_308"]},{"title":"98","paragraphs":["para_310"]},{"title":"99","paragraphs":["para_312"]},{"title":"100","paragraphs":["para_314"]},{"title":"Costs","paragraphs":[]},{"title":"101","paragraphs":["para_317"]},{"title":"On those grounds, the Court (Fifth Chamber) hereby rules:","paragraphs":["para_319"]},{"title":"Article 101(1) TFEU","paragraphs":["para_321","para_322"]},{"title":"Article 101(1) TFEU","paragraphs":["para_324","para_325","para_326"]}],"paragraphs":[{"text":"62024CJ0133","paragraph_id":"para_1"},{"text":"JUDGMENT OF THE COURT (Fifth Chamber)","paragraph_id":"para_2"},{"text":"30 April 2026 (\n *1\n )","paragraph_id":"para_3"},{"text":"(Reference for a preliminary ruling – Competition – Professional football – No-poach-of-players agreement, concluded by a national sports association and a group of clubs following the suspension of the 2019/2020 sporting season due to the COVID-19 pandemic – Article 101(1) TFEU – Restriction of com …","paragraph_id":"para_4"},{"text":"In Case C‑133/24,","paragraph_id":"para_5"},{"text":"REQUEST for a preliminary ruling under Article 267 TFEU from the Tribunal da Concorrência, Regulação e Supervisão (Competition, Regulation and Supervision Court, Portugal), made by decision of 18 December 2023, received at the Court on 16 February 2024, in the proceedings","paragraph_id":"para_6"},{"text":"Liga Portuguesa de Futebol Profissional (LPFP),","paragraph_id":"para_7"},{"text":"CD Tondela – Futebol, SAD,","paragraph_id":"para_8"},{"text":"Clube Desportivo Feirense – Futebol, SAD,","paragraph_id":"para_9"},{"text":"Académico de Viseu Futebol Clube – Futebol, SAD,","paragraph_id":"para_10"},{"text":"Os Belenenses – Sociedade Desportiva de Futebol, SAD,","paragraph_id":"para_11"},{"text":"Boavista Futebol Clube – Futebol, SAD,","paragraph_id":"para_12"},{"text":"Sporting Clube de Braga – Futebol, SAD,","paragraph_id":"para_13"},{"text":"Sporting Clube da Covilhã – Futebol, SDUQ, Lda.,","paragraph_id":"para_14"},{"text":"Estoril Praia – Futebol, SAD,","paragraph_id":"para_15"},{"text":"Gil Vicente Futebol Clube – Futebol, SDUQ, Lda.,","paragraph_id":"para_16"},{"text":"Leixões Sport Clube – Futebol, SAD,","paragraph_id":"para_17"},{"text":"Clube Desportivo de Mafra – Futebol, SDUQ, Lda.,","paragraph_id":"para_18"},{"text":"União Desportiva Oliveirense – Futebol, SAD,","paragraph_id":"para_19"},{"text":"Futebol Clube de Paços de Ferreira, SDUQ, Lda.,","paragraph_id":"para_20"},{"text":"Futebol Clube de Penafiel, SAD,","paragraph_id":"para_21"},{"text":"Portimonense Futebol, SAD,","paragraph_id":"para_22"},{"text":"Rio Ave Futebol Clube – Futebol, SDUQ, Lda.,","paragraph_id":"para_23"},{"text":"Santa Clara Açores – Futebol, SAD,","paragraph_id":"para_24"},{"text":"Varzim Sport Club – Futebol, SDUQ, Lda.,","paragraph_id":"para_25"},{"text":"União Desportiva Vilafranquense – Futebol, SAD,","paragraph_id":"para_26"},{"text":"Futebol Clube de Famalicão – Futebol, SAD,","paragraph_id":"para_27"},{"text":"Associação Académica de Coimbra – Organismo Autónomo de Futebol, SDUQ, Lda.,","paragraph_id":"para_28"},{"text":"Moreirense Futebol Clube – Futebol, SAD,","paragraph_id":"para_29"},{"text":"Marítimo da Madeira – Futebol, SAD,","paragraph_id":"para_30"},{"text":"Vitória Sport Clube – Futebol, SAD,","paragraph_id":"para_31"},{"text":"Futebol Clube do Porto – Futebol, SAD,","paragraph_id":"para_32"},{"text":"Sporting Clube de Portugal – Futebol, SAD,","paragraph_id":"para_33"},{"text":"Sport Lisboa e Benfica – Futebol, SAD","paragraph_id":"para_34"},{"text":"v","paragraph_id":"para_35"},{"text":"Autoridade da Concorrência,","paragraph_id":"para_36"},{"text":"THE COURT (Fifth Chamber),","paragraph_id":"para_37"},{"text":"composed of M.L. Arastey Sahún, President of the Chamber, J. Passer (Rapporteur), E. Regan, D. Gratsias and B. Smulders, Judges,","paragraph_id":"para_38"},{"text":"Advocate General: N. Emiliou,","paragraph_id":"para_39"},{"text":"Registrar: L. Carrasco Marco, Administrator,","paragraph_id":"para_40"},{"text":"having regard to the written procedure and further to the hearing on 13 February 2025,","paragraph_id":"para_41"},{"text":"after considering the observations submitted on behalf of:","paragraph_id":"para_42"},{"text":"–","paragraph_id":"para_43"},{"text":"the Liga Portuguesa de Futebol Profissional (LPFP), CD Tondela – Futebol, SAD, Clube Desportivo Feirense – Futebol, SAD, Académico de Viseu Futebol Clube – Futebol, SAD, Os Belenenses – Sociedade Desportiva de Futebol, SAD, Boavista Futebol Clube – Futebol, SAD, Sporting Clube de Braga – Futebol, SA …","paragraph_id":"para_44"},{"text":"–","paragraph_id":"para_45"},{"text":"Moreirense Futebol Clube – Futebol, SAD, by G. Ribeiro Dias, advogado,","paragraph_id":"para_46"},{"text":"–","paragraph_id":"para_47"},{"text":"Marítimo da Madeira, Futebol, SAD, by J.A. Martins and J. Pinto de Almeida, advogados,","paragraph_id":"para_48"},{"text":"–","paragraph_id":"para_49"},{"text":"Vitória Sport Clube – Futebol, SAD, by G. Gama Lobo and J. Pinto de Almeida, advogados,","paragraph_id":"para_50"},{"text":"–","paragraph_id":"para_51"},{"text":"Futebol Clube do Porto, Futebol, SAD, by A. Domingues, advogado,","paragraph_id":"para_52"},{"text":"–","paragraph_id":"para_53"},{"text":"Sporting Clube de Portugal – Futebol, SAD, by G. Banha Coelho, C. Homem Ferreira Morais, L.D. Silva Morais and L. Tomé Feteira, advogados,","paragraph_id":"para_54"},{"text":"–","paragraph_id":"para_55"},{"text":"Sport Lisboa e Benfica, Futebol, SAD, by R. Bordalo Junqueiro, R. Pacheco Bettencourt and M. Stock da Cunha, advogados,","paragraph_id":"para_56"},{"text":"–","paragraph_id":"para_57"},{"text":"the Autoridade da Concorrência, by D. Cardoso, A. Cruz Nogueira and A.C. Salgueiro, advogadas,","paragraph_id":"para_58"},{"text":"–","paragraph_id":"para_59"},{"text":"the Portuguese Government, by C. Alves and P. Barros da Costa, acting as Agents,","paragraph_id":"para_60"},{"text":"–","paragraph_id":"para_61"},{"text":"the Greek Government, by K. Boskovits, acting as Agent,","paragraph_id":"para_62"},{"text":"–","paragraph_id":"para_63"},{"text":"the Polish Government, by B. Majczyna and D. Lutostańska, acting as Agents,","paragraph_id":"para_64"},{"text":"–","paragraph_id":"para_65"},{"text":"the European Commission, by S. Baches Opi and P. Caro de Sousa and by F. van Schaik, acting as Agents,","paragraph_id":"para_66"},{"text":"after hearing the Opinion of the Advocate General at the sitting on 15 May 2025,","paragraph_id":"para_67"},{"text":"gives the following","paragraph_id":"para_68"},{"text":"Judgment","paragraph_id":"para_69"},{"text":"1","paragraph_id":"para_70"},{"text":"This request for a preliminary ruling concerns the interpretation of Article 101 TFEU.","paragraph_id":"para_71"},{"text":"2","paragraph_id":"para_72"},{"text":"The request has been made in proceedings between the Liga Portuguesa de Futebol Profissional (LPFP) (Portuguese Professional Football League (LPFP)) and a group of professional football clubs established in Portugal, on the one hand, and the Autoridade da Concorrência (Competition Authority, Portuga …","paragraph_id":"para_73"},{"text":"Legal context","paragraph_id":"para_74"},{"text":"3","paragraph_id":"para_75"},{"text":"Article 101 TFEU provides:","paragraph_id":"para_76"},{"text":"‘1.   The following shall be prohibited as incompatible with the internal market: all agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition within the internal market, and in particular those which:","paragraph_id":"para_77"},{"text":"(a)","paragraph_id":"para_78"},{"text":"directly or indirectly fix purchase or selling prices or any other trading conditions;","paragraph_id":"para_79"},{"text":"(b)","paragraph_id":"para_80"},{"text":"limit or control production, markets, technical development, or investment;","paragraph_id":"para_81"},{"text":"(c)","paragraph_id":"para_82"},{"text":"share markets or sources of supply;","paragraph_id":"para_83"},{"text":"(d)","paragraph_id":"para_84"},{"text":"apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage;","paragraph_id":"para_85"},{"text":"(e)","paragraph_id":"para_86"},{"text":"make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.","paragraph_id":"para_87"},{"text":"2.   Any agreements or decisions prohibited pursuant to this Article shall be automatically void.","paragraph_id":"para_88"},{"text":"3.   The provisions of paragraph 1 may, however, be declared inapplicable in the case of:","paragraph_id":"para_89"},{"text":"–","paragraph_id":"para_90"},{"text":"any agreement or category of agreements between undertakings,","paragraph_id":"para_91"},{"text":"–","paragraph_id":"para_92"},{"text":"any decision or category of decisions by associations of undertakings,","paragraph_id":"para_93"},{"text":"–","paragraph_id":"para_94"},{"text":"any concerted practice or category of concerted practices,","paragraph_id":"para_95"},{"text":"which contributes to improving the production or distribution of goods or to promoting technical or economic progress, while allowing consumers a fair share of the resulting benefit, and which does not:","paragraph_id":"para_96"},{"text":"(a)","paragraph_id":"para_97"},{"text":"impose on the undertakings concerned restrictions which are not indispensable to the attainment of these objectives;","paragraph_id":"para_98"},{"text":"(b)","paragraph_id":"para_99"},{"text":"afford such undertakings the possibility of eliminating competition in respect of a substantial part of the products in question.’","paragraph_id":"para_100"},{"text":"The dispute in the main proceedings and the questions referred for a preliminary ruling","paragraph_id":"para_101"},{"text":"4","paragraph_id":"para_102"},{"text":"The LPFP is a private-law not-for-profit association whose mission, according to its statute, is to regulate and organise professional football activities in Portugal. In particular, under a delegation of powers conferred on it by the Federação Portuguesa de Futebol (Portuguese Football Federation), the LPFP regulates and organises professional football competitions. Those competitions include the Primeira Liga (First Division) and the Segunda Liga (Second Division).","paragraph_id":"para_103"},{"text":"5","paragraph_id":"para_104"},{"text":"During the 2019/2020 season, which initially included the period between 1 July 2019 and 30 June 2020, the First Division was to include 18 professional football clubs established in Portugal. The Second Division, meanwhile, was to include 13 other clubs, also established in Portugal.","paragraph_id":"para_105"},{"text":"6","paragraph_id":"para_106"},{"text":"On 11 March 2020, the World Health Organisation (WHO) declared the COVID‑19 outbreak to be a pandemic.","paragraph_id":"para_107"},{"text":"7","paragraph_id":"para_108"},{"text":"On 12 March 2020, the Portuguese authorities announced the adoption of a series of measures intended to contain the risk of spread of the COVID-19 pandemic, which included the lockdown of the population and the closure of public establishments. On the same day, the LPFP ordered the indefinite suspen …","paragraph_id":"para_109"},{"text":"8","paragraph_id":"para_110"},{"text":"On 18 March 2020, the Portuguese authorities declared a state of emergency owing to the rapid deterioration of the health situation. That declaration led to the partial suspension of a number of rights, including the right to circulate within the country, the right to go out and workers’ rights. In …","paragraph_id":"para_111"},{"text":"9","paragraph_id":"para_112"},{"text":"On 21 March 2020, the LPFP and the Sindicato de Jogadores Profissionais de Futebol (Union of Professional Football Players; ‘the SJPF’) began negotiations to identify jointly possible solutions to the sporting, social, economic and financial challenges posed by the pandemic for the Portuguese professional football sector. Those negotiations focused in particular on the terms for completing the 2019/2020 sporting season.","paragraph_id":"para_113"},{"text":"10","paragraph_id":"para_114"},{"text":"On 7 April 2020, the LPFP and the SJPF each issued a press release on the status of their negotiations. In its press release, the LPFP indicated, first, that it had received the SJPF’s agreement on a package of legal measures intended to be incorporated into the collective labour agreement applicabl …","paragraph_id":"para_115"},{"text":"‘The [LPFP] still hopes to see in writing measures aimed at supplementing the collective labour agreement agreed to previously with the [SJPF], jointly with the latter …’","paragraph_id":"para_116"},{"text":"11","paragraph_id":"para_117"},{"text":"On the same day, the LPFP and the clubs participating in the First Division, represented for the most part by their respective presidents, took part in a videoconference, during which they concluded an agreement on the hiring of players who unilaterally terminated their employment contract due to th …","paragraph_id":"para_118"},{"text":"‘The Presidents of [First Division] clubs, meeting today by videoconference with the President of the [LPFP], have analysed the current situation and, having deliberated on the matter, decided to announce that no club will hire a player who unilaterally terminates his employment contract, citing difficulties caused by the COVID-19 pandemic or by any exceptional decision arising therefrom, and in particular by the extension of the sporting season.’","paragraph_id":"para_119"},{"text":"12","paragraph_id":"para_120"},{"text":"On 8 April 2020, some of the clubs participating in the Second Division, represented for the most part by their respective presidents, took part in a videoconference, following which the LPFP issued a press release entitled ‘Presidents of [Second Division] clubs establish rule for unilateral terminations’. That press release included a first paragraph worded in terms identical to those referred to in the preceding paragraph, followed by two paragraphs worded as follows:","paragraph_id":"para_121"},{"text":"‘That measure was taken and announced yesterday by the Presidents of [First Division] clubs, and endorsed by the Presidents of [Second Division] clubs. United in order to navigate through this difficult period and speak as one, the Presidents of Second Division clubs, always in collaboration with the [LPFP], will be able to get through this very challenging period for the entire sector.","paragraph_id":"para_122"},{"text":"Management takes the view that, more than ever, the problems and challenges faced are common and that the response must necessarily also be joint.’","paragraph_id":"para_123"},{"text":"13","paragraph_id":"para_124"},{"text":"On 7 April 2020, the Fédération internationale de football association (FIFA) published Bulletin No 1714, entitled ‘COVID‑19 – Football Regulatory Issues’, drawn up by a working group comprising, in addition to its own representatives, those of member national football associations, confederations, …","paragraph_id":"para_125"},{"text":"14","paragraph_id":"para_126"},{"text":"On 23 April 2020, the Portuguese Government published a decree-law establishing a set of exceptional and temporary measures in the field of sport, including the authorisation granted to Portuguese sports associations to amend their regulations during and for the duration of the 2019/2020 sporting season, in order to address the difficulties caused by the COVID-19 pandemic.","paragraph_id":"para_127"},{"text":"15","paragraph_id":"para_128"},{"text":"On 30 April 2020, those authorities adopted a resolution establishing a strategy for lifting the lockdown measures, which included the possibility of resuming the 2019/2020 sporting season in order to complete the First Division.","paragraph_id":"para_129"},{"text":"16","paragraph_id":"para_130"},{"text":"On 4 May 2020, the LPFP, the SJPF and the Associação Nacional de Treinadores de Futebol (National Association of Football Coaches, Portugal) signed a memorandum of understanding. The explanatory memorandum preceding that memorandum of understanding refers to the unusual and exceptional situation of …","paragraph_id":"para_131"},{"text":"17","paragraph_id":"para_132"},{"text":"On 26 May 2020, the Competition Authority imposed an interim measure to immediately suspend, for a period of 90 days, the measures referred to in the press releases issued by the LPFP on 7 and 8 April 2020, as referred to in paragraph 10 to 12 of the present judgment. On 2 June 2020, the LPFP and the clubs concerned stated that they agreed with that measure.","paragraph_id":"para_133"},{"text":"18","paragraph_id":"para_134"},{"text":"On 8 June 2020, the collective labour agreement concluded by the LPFP and the SJPF was amended by the parties thereto with a view to inserting a new Article 7a, entitled ‘Effect of changes to the competition calendar due to COVID‑19 on the employment relationship in sport’, which reads as follows:","paragraph_id":"para_135"},{"text":"‘1.   The parties to the collective labour agreement enter into the present agreement in accordance with the protocol established with the [LPFP] …, which stipulates that the 2019/2020 sporting season ends on the day following the last official match of that season’s competitions.","paragraph_id":"para_136"},{"text":"2.   Unless otherwise agreed by the parties, sports employment contracts … entered into between clubs participating in the [First Division] and players, which expire during the current sporting season as defined by the regulation, shall be deemed to be automatically extended until the end of the current season, as defined in the preceding paragraph.","paragraph_id":"para_137"},{"text":"…","paragraph_id":"para_138"},{"text":"4.   The contract extension referred to in point 1 entails the continuation of all the parties’ rights and obligations, including the sports employer’s obligation to pay the player’s monthly remuneration as set for the current sporting season, or a proportionate amount of that remuneration, if the sporting season ends before the remuneration is due in full, …","paragraph_id":"para_139"},{"text":"…’","paragraph_id":"para_140"},{"text":"19","paragraph_id":"para_141"},{"text":"On 18 June 2020, the Portuguese Football Federation set the new date of the end of the 2019/2020 sporting season at 2 August 2020.","paragraph_id":"para_142"},{"text":"20","paragraph_id":"para_143"},{"text":"On 28 April 2022, the Competition Authority adopted a final decision by which it found that the measures referred to in the press releases issued by the LPFP on 7 and 8 April 2020, as referred to in paragraphs 10 to 12 of the present judgment, constituted an agreement having as its object the restri …","paragraph_id":"para_144"},{"text":"21","paragraph_id":"para_145"},{"text":"The LPFP and a group of professional football clubs participating in the First and Second Divisions brought an appeal against that decision before the Tribunal da Concorrência, Regulação e Supervisão (Competition, Regulation and Supervision Court, Portugal), which is the referring court.","paragraph_id":"para_146"},{"text":"22","paragraph_id":"para_147"},{"text":"In the order for reference, after setting out the legal framework applicable to the recruitment and registration of players eligible to play in the First and Second Divisions and the impact of the COVID-19 pandemic on the sporting, economic and financial situation of Portuguese professional football …","paragraph_id":"para_148"},{"text":"23","paragraph_id":"para_149"},{"text":"In that regard, that court takes the view, first of all, that, in a general and abstract manner, conduct by which undertakings agree amongst themselves not to poach or hire their respective workers and, therefore, to limit or eliminate those workers’ prospects for professional mobility and also thei …","paragraph_id":"para_150"},{"text":"24","paragraph_id":"para_151"},{"text":"Next, the referring court explains that, in the present case, it nevertheless doubts that a correct interpretation of Article 101(1) TFEU allows for a finding that an agreement, such as the one at issue in the main proceedings, poses a sufficient degree of harm to competition to be classified as a restriction of competition by ‘object’.","paragraph_id":"para_152"},{"text":"25","paragraph_id":"para_153"},{"text":"In particular, that court takes the view that the economic and legal context in which the agreement at issue in the main proceedings was concluded, in so far as it can be taken into consideration, is characterised by a set of factors specific to the professional football sector, to which is added th …","paragraph_id":"para_154"},{"text":"26","paragraph_id":"para_155"},{"text":"That court further considers that, in that context, the objective aims pursued by the agreement at issue in the main proceedings are ambivalent in nature. It is true that that agreement restricted the competition in which the participating clubs could have engaged in the absence of that agreement on …","paragraph_id":"para_156"},{"text":"27","paragraph_id":"para_157"},{"text":"Lastly, the referring court seeks to ascertain whether, irrespective of the question whether or not the agreement at issue in the main proceedings poses a sufficient degree of harm to competition as to be classified as an agreement having as its ‘object’ the restriction of competition, such an agree …","paragraph_id":"para_158"},{"text":"28","paragraph_id":"para_159"},{"text":"In those circumstances the Tribunal da Concorrência, Regulação e Supervisão (Competition, Regulation and Supervision Court) decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling:","paragraph_id":"para_160"},{"text":"‘(1)","paragraph_id":"para_161"},{"text":"Does an agreement concluded online via the Zoom or Microsoft Teams platforms on 7 April 2020 by all of the First-Division-incorporated professional football clubs and to which most of the Second-Division-incorporated professional football clubs of a Member State subsequently signed up, by the same m …","paragraph_id":"para_162"},{"text":"(2)","paragraph_id":"para_163"},{"text":"For the purposes of the case-law arising from the judgments of 19 February 2002, Wouters and Others ( C‑309/99 , EU:C:2002:98 , paragraph  97 ), and of 18 July 2006, Meca-Medina and Majcen v Commission ( C‑519/04 P , EU:C:2006:492 , paragraph  42 ), may a rule, arising from an agreement concluded on …","paragraph_id":"para_164"},{"text":"(3)","paragraph_id":"para_165"},{"text":"Does Article 101(1) TFEU preclude an interpretation to the effect that an agreement having the characteristics and objectives, and applying in the circumstances, described in this request for a preliminary ruling, concluded online via the Zoom or Microsoft Teams platforms on 7 April 2020 by all of t …","paragraph_id":"para_166"},{"text":"Consideration of the questions referred","paragraph_id":"para_167"},{"text":"Preliminary observations","paragraph_id":"para_168"},{"text":"29","paragraph_id":"para_169"},{"text":"As a preliminary point, it must be borne in mind that, in so far as it constitutes an economic activity, the practice of sport is subject to the provisions of EU law applicable to such activity (judgments of 21 December 2023, European Superleague Company, C‑333/21 , EU:C:2023:1011 , paragraph  83 , and of 4 October 2024, FIFA, C‑650/22 , EU:C:2024:824 , paragraph  75 ).","paragraph_id":"para_170"},{"text":"30","paragraph_id":"para_171"},{"text":"Only certain specific rules which were adopted solely on non-economic grounds and which relate to questions of interest solely to sport per se must be regarded as being extraneous to any economic activity. That is the case, in particular, of those on the exclusion of foreign players from the composi …","paragraph_id":"para_172"},{"text":"31","paragraph_id":"para_173"},{"text":"With the exception of those specific rules, the rules adopted by sporting associations and, more broadly, the conduct of those associations may come within the scope of the FEU Treaty provisions on competition law where the conditions of application of those provisions are met (judgments of 21 Decem …","paragraph_id":"para_174"},{"text":"32","paragraph_id":"para_175"},{"text":"In the present case, measures such as those referred to in the press releases issued by the LPFP on 7 and 8 April 2020, as referred to in paragraphs 10 to 12 of the present judgment, are not among those rules to which the exception referred to in paragraph 30 herein might be applied, which exception …","paragraph_id":"para_176"},{"text":"33","paragraph_id":"para_177"},{"text":"On the contrary, given that the composition of the teams constitutes one of the essential parameters of the competitions in which professional football clubs compete and those competitions give rise to an economic activity, measures such as those at issue in the main proceedings, which concern recru …","paragraph_id":"para_178"},{"text":"34","paragraph_id":"para_179"},{"text":"Therefore, such measures are such as to come within the scope of Article 101 TFEU.","paragraph_id":"para_180"},{"text":"The third question","paragraph_id":"para_181"},{"text":"35","paragraph_id":"para_182"},{"text":"By its third question, which should be addressed first, the referring court asks, in essence, whether Article 101(1) TFEU must be interpreted as meaning that an agreement by which clubs participating in the professional football divisions of a Member State have undertaken, in collaboration with the …","paragraph_id":"para_183"},{"text":"36","paragraph_id":"para_184"},{"text":"In that regard, according to the Court’s settled case-law, in order to find, in a given case, that an agreement, decision by an association of undertakings or a concerted practice is caught by the prohibition laid down in Article 101(1) TFEU, it is necessary to demonstrate, in accordance with the ve …","paragraph_id":"para_185"},{"text":"37","paragraph_id":"para_186"},{"text":"To that end, it is appropriate to begin by examining the object of the conduct in question. If, at the end of that examination, that conduct proves to have an anticompetitive object, it is not necessary to examine its effect on competition. Thus, it is only if that conduct is found not to have an an …","paragraph_id":"para_187"},{"text":"38","paragraph_id":"para_188"},{"text":"The concept of anticompetitive ‘object’, whilst not an exception in relation to the concept of anticompetitive ‘effect’, must nevertheless be interpreted strictly (judgments of 21 December 2023, European Superleague Company, C‑333/21 , EU:C:2023:1011 , paragraph  161 and the case-law cited, and of 4 October 2024, FIFA, C‑650/22 , EU:C:2024:824 , paragraph  126 ).","paragraph_id":"para_189"},{"text":"39","paragraph_id":"para_190"},{"text":"Thus, that concept must be interpreted as referring solely to certain types of coordination between undertakings which reveal a sufficient degree of harm to competition for the view to be taken that it is not necessary to assess their effects. Indeed, certain types of coordination between undertakin …","paragraph_id":"para_191"},{"text":"40","paragraph_id":"para_192"},{"text":"The types of conduct that must be considered to be so include, primarily, certain forms of collusive conduct which are particularly harmful to competition, such as horizontal cartels leading to price-fixing, limitations on production capacity or allocation of customers. Those types of conduct are li …","paragraph_id":"para_193"},{"text":"41","paragraph_id":"para_194"},{"text":"Without necessarily being equally harmful to competition, other types of conduct may also be considered, in certain cases, to have an anticompetitive object. That is the case, inter alia, of certain types of horizontal agreements other than cartels, such as those leading to competing undertakings be …","paragraph_id":"para_195"},{"text":"42","paragraph_id":"para_196"},{"text":"As is apparent from Article 101(1)(a) and (c) TFEU, which refers, in particular, to the fixing of ‘purchase or selling prices’ or the sharing of ‘markets or sources of supply’, such cartels, such horizontal agreements and such decisions by associations of undertakings may concern not only the goods …","paragraph_id":"para_197"},{"text":"43","paragraph_id":"para_198"},{"text":"In order to determine, in a given case, whether an agreement, decision by an association of undertakings or a concerted practice reveals, by its very nature, a sufficient degree of harm to competition that it may be considered as having as its object the prevention, restriction or distortion thereof …","paragraph_id":"para_199"},{"text":"44","paragraph_id":"para_200"},{"text":"In that regard, first of all, in order to examine the content of the agreement, decision by an association of undertakings or concerted practice at issue, it is necessary to examine its various aspects in order to determine whether the collusion in question has characteristics enabling it to be link …","paragraph_id":"para_201"},{"text":"45","paragraph_id":"para_202"},{"text":"Next, as regards the economic and legal context of which the conduct in question forms a part, it is necessary to take into consideration the nature of the products or services concerned, as well as the real conditions of the structure and functioning of the sector(s) or market(s) in question. It is …","paragraph_id":"para_203"},{"text":"46","paragraph_id":"para_204"},{"text":"In view of the referring court’s statements on that point, it must be clarified that, although an examination of the economic and legal context surrounding given conduct is necessary in any case, as follows from the case-law cited in paragraph 43 of the present judgment, the extent to which that context is taken into account may nevertheless turn on the type of conduct at issue, as noted, in essence, by the Advocate General in points 42, 43 and 66 of his Opinion.","paragraph_id":"para_205"},{"text":"47","paragraph_id":"para_206"},{"text":"Thus, the Court has held that, where there is collusive conduct liable to constitute a type of coordination that is particularly harmful to competition, such as horizontal cartels leading to market-sharing or the exclusion of potentially competing undertakings from those markets, the analysis of the …","paragraph_id":"para_207"},{"text":"48","paragraph_id":"para_208"},{"text":"However, in the case of other types of conduct which, without necessarily being equally harmful to competition, may nevertheless present a sufficient degree of harm such as to support a finding of their having an anticompetitive object, a more in-depth examination of all the elements referred to in paragraph 45 of the present judgment should be carried out, which entails that, where necessary, account must be taken of the relevant regulatory and institutional framework.","paragraph_id":"para_209"},{"text":"49","paragraph_id":"para_210"},{"text":"In both cases, the examination of the actual economic and legal context of which the conduct in question forms part should make it possible to ensure that the conditions required for a finding that that conduct presents a sufficient degree of harm such as to qualify as anticompetitive by ‘object’ ar …","paragraph_id":"para_211"},{"text":"50","paragraph_id":"para_212"},{"text":"Lastly, as regards the objectives pursued by the conduct in question, a determination must be made of the objective aims which that conduct seeks to achieve from a competition standpoint. Nevertheless, the fact that the undertakings involved acted without having a subjective intention to prevent, re …","paragraph_id":"para_213"},{"text":"51","paragraph_id":"para_214"},{"text":"Moreover, the taking into consideration of all of the aspects must, at any rate, show the precise reasons why the conduct in question reveals a sufficient degree of harm to competition such as to justify a finding that it has as its object the prevention, restriction or distortion of competition (se …","paragraph_id":"para_215"},{"text":"52","paragraph_id":"para_216"},{"text":"In the present case, as regards, in the first place, the content of the agreement at issue in the main proceedings, it follows from the very wording of the third question referred by the referring court, and the statements of that court, referred to in paragraphs 11 and 12 of the present judgment, t …","paragraph_id":"para_217"},{"text":"53","paragraph_id":"para_218"},{"text":"In concluding such an agreement, the professional football clubs participating therein coordinate, to the extent and in the manner determined jointly, in the present case for two high-level national competitions in a Member State, their conduct on the ‘upstream market’ consisting, from an economic s …","paragraph_id":"para_219"},{"text":"54","paragraph_id":"para_220"},{"text":"No-poach agreements can be treated as being equivalent to horizontal agreements for the sharing of ‘sources of supply’ referred to in Article 101(1)(c) TFEU, which, as follows from paragraph 42 of the present judgment, are harmful to competition because they tend to lead to the artificial partitioni …","paragraph_id":"para_221"},{"text":"55","paragraph_id":"para_222"},{"text":"Moreover, those agreements restrict those workers’ opportunities to offer their services to other undertakings and, therefore, limit their negotiating power on the market, including in relation to the undertaking that employs them. Consequently, even though their content is different from that of ag …","paragraph_id":"para_223"},{"text":"56","paragraph_id":"para_224"},{"text":"That said, even if an agreement is connected with some type or another of conduct which may generally be considered to be such as to restrict competition by its very object, the examination of the content of that agreement does not suffice by itself to support a finding of that categorisation, as follows from the settled case-law referred to in paragraphs 43 and 49 of the present judgment.","paragraph_id":"para_225"},{"text":"57","paragraph_id":"para_226"},{"text":"As regards, in the second place, the economic and legal context of which the conduct in question forms part, it should, first, be borne in mind that the specific examination of the actual context of which the economic activities relating to the pursuit of a sport form part may involve taking account …","paragraph_id":"para_227"},{"text":"58","paragraph_id":"para_228"},{"text":"In the present case, as stated in paragraph 52 of the present judgment, the agreement at issue in the main proceedings is a no-poach agreement concerning players having unilaterally terminated their employment contract for reasons relating to the COVID-19 pandemic, concluded by a group of clubs part …","paragraph_id":"para_229"},{"text":"59","paragraph_id":"para_230"},{"text":"The competition that may be present between undertakings such as professional football clubs present certain specific characteristics. Although those undertakings are liable to compete with one another on different markets, such as ticket sales enabling fans to attend matches, the pursuit and acquis …","paragraph_id":"para_231"},{"text":"60","paragraph_id":"para_232"},{"text":"Those sporting competitions are characterised, inter alia, by the fact that, although participation therein is limited to teams which have achieved certain sporting results, with the conduct of those competitions being based on matches between and gradual elimination of those teams, thereby being ba …","paragraph_id":"para_233"},{"text":"61","paragraph_id":"para_234"},{"text":"To that extent, the sustainability of competition in which football clubs may engage presupposes that, at any given time, there is a sufficient number of clubs participating in the different competitions organised at national and international levels, even though those clubs are likely, over the cou …","paragraph_id":"para_235"},{"text":"62","paragraph_id":"para_236"},{"text":"Secondly, the Court has emphasised on many occasions that, given those various specific characteristics, it is legitimate for national and international sporting associations which are responsible for a given sporting discipline to adopt, implement and ensure compliance with common rules relating, i …","paragraph_id":"para_237"},{"text":"63","paragraph_id":"para_238"},{"text":"Such common rules, intended to guarantee the homogeneity and coordination of competitions within an overall calendar as well as, more broadly, to promote, in a suitable and effective manner, the holding of sporting competitions based on equal opportunities and merit, may also aim, inter alia, to reg …","paragraph_id":"para_239"},{"text":"64","paragraph_id":"para_240"},{"text":"In particular, since the annual or seasonal conduct of interclub professional football competitions is based, as observed in paragraph 60 of the present judgment, on matches between and gradual elimination of the participating teams and since it is therefore essentially based on sporting merit, whic …","paragraph_id":"para_241"},{"text":"65","paragraph_id":"para_242"},{"text":"That said, when a sporting association adopts such rules, they must comply with EU law. In particular, the adoption of those rules must not entail that compliance therewith by the member undertakings of that association gives rise to an infringement of Articles 101 and 102 TFEU. Moreover, the applic …","paragraph_id":"para_243"},{"text":"66","paragraph_id":"para_244"},{"text":"In the present case, the agreement at issue in the main proceedings, which was adopted jointly by the LPFP and a group of football clubs, partly ‘freezes’ the competitive relationship between those clubs as economic operators.","paragraph_id":"para_245"},{"text":"67","paragraph_id":"para_246"},{"text":"Thirdly, as is apparent from paragraphs 24 and 25 of the present judgment, the referring court seeks to ascertain whether some of the other elements characterising the economic and legal contest of which the agreement at issue in the main proceedings forms part could lead it to find that, from a com …","paragraph_id":"para_247"},{"text":"68","paragraph_id":"para_248"},{"text":"In particular, as is apparent from paragraphs 7 to 11, 14 to 16 and 18 of the present judgment, that court refers to the COVID-19 pandemic, the general consequences of that pandemic, relating inter alia to public lockdowns and the closure of public establishments, as well as the specific impact on p …","paragraph_id":"para_249"},{"text":"69","paragraph_id":"para_250"},{"text":"It should be noted in that regard that, although it is ultimately for the referring court to categorise the agreement at issue in the main proceedings under Article 101(1) TFEU, when giving a preliminary ruling the Court may, where appropriate, nevertheless provide clarification designed to give the …","paragraph_id":"para_251"},{"text":"70","paragraph_id":"para_252"},{"text":"In the present case, first of all, the conduct at issue in the main proceedings must be distinguished from the rules laid down by the national or international sporting associations which are responsible for a given sporting discipline pursuant to their statutes and missions with which they are entr …","paragraph_id":"para_253"},{"text":"71","paragraph_id":"para_254"},{"text":"Moreover, since Article 101(1) TFEU is intended to prohibit any form of coordination which deliberately substitutes practical cooperation between undertakings for the risks of competition and, more broadly, since the FEU Treaty provisions relating to competition are based on the premiss that each ec …","paragraph_id":"para_255"},{"text":"72","paragraph_id":"para_256"},{"text":"That said, it is apparent from the information provided by the referring court that, even if it does not originate from the competent national sporting association, the conduct at issue in the main proceedings was adopted in the presence of the President of that association and may be considered and having been supported, and even endorsed, by it, which it is nevertheless for the referring court to verify.","paragraph_id":"para_257"},{"text":"73","paragraph_id":"para_258"},{"text":"Next, as stated in the order for reference, that conduct occurred in the very specific context brought on by the COVID-19 pandemic, which affected not only the sector concerned in many ways but also, and especially, had a fundamental impact on the competitive functioning of that sector. In particula …","paragraph_id":"para_259"},{"text":"74","paragraph_id":"para_260"},{"text":"It is true that the occurrence of an event such as the COVID-19 pandemic is not per se such as to justify making an exception to the imperative provision that is Article 101(1) TFEU (see, to that effect and by analogy, judgments of 26 September 2013, ÖBB-Personenverkehr, C‑509/11 , EU:C:2013:613 , paragraphs  49 and  50 , and of 8 June 2023, UFC – Que choisir and CLCV, C‑407/21 , EU:C:2023:449 , paragraph  57 ).","paragraph_id":"para_261"},{"text":"75","paragraph_id":"para_262"},{"text":"In response to the referring court’s reference to Article 165 TFEU, suffice it to add that the situation is no different when the agreement, decision by an association of undertakings or concerted practice occurs in the field of sport. That provision cannot be regarded as being a special rule exempt …","paragraph_id":"para_263"},{"text":"76","paragraph_id":"para_264"},{"text":"The fact remains, however, that circumstances such as those referred to in paragraph 73 of the present judgment must be taken into account by the referring court for the purpose of determining whether or not the context surrounding the conduct at issue in the main proceedings, considered together with its content and objective aims, has as its object the prevention, restriction or distortion of competition.","paragraph_id":"para_265"},{"text":"77","paragraph_id":"para_266"},{"text":"Lastly, taking into account the economic and legal context of which the conduct at issue in a given case forms part in a given case and, more specifically, the actual conditions characterising the functioning of the sector or sectors or markets in or on which the conduct occurred must, in any event, …","paragraph_id":"para_267"},{"text":"78","paragraph_id":"para_268"},{"text":"Consequently, irrespective of the conclusion reached by the referring court at the end of its examination of the other contextual economic and legal elements referred to by it as to the presence or absence of a restriction of competition by ‘object’, such an assessment must be founded on a competition-based analysis setting out the specific reasons in support of that conclusion, in the light of all of the relevant elements of fact and law.","paragraph_id":"para_269"},{"text":"79","paragraph_id":"para_270"},{"text":"In the third and last place, as regards the competition-related objective aims pursued by the agreement at issue in the main proceedings, the aspects set out by the referring court in that regard call for the following observations.","paragraph_id":"para_271"},{"text":"80","paragraph_id":"para_272"},{"text":"That court states, in essence, that the agreement at issue in the main proceedings must, in view of its clear and precise content, be regarded as aimed at restricting the competition in which the professional football clubs which signed on to that agreement could have engaged on the player recruitment market had it not been for that agreement.","paragraph_id":"para_273"},{"text":"81","paragraph_id":"para_274"},{"text":"Those statements, which infer the aim in question from the very content of that agreement, confirm that it was inherently liable to undermine one of the various forms of competition, namely competition in player recruitment, which could have been pursued amongst the clubs competing in the First Division, which was at that time suspended indefinitely but nevertheless was likely to resume, in so far as the health situation brought about by the COVID-19 pandemic permitted.","paragraph_id":"para_275"},{"text":"82","paragraph_id":"para_276"},{"text":"The referring court further states, in essence, that, in circumstances such as those referred to in paragraph 73 of the present judgment, the agreement at issue in the main proceedings was nevertheless also intended to maintain stability in clubs’ player rosters, which serve as a pool for the compos …","paragraph_id":"para_277"},{"text":"83","paragraph_id":"para_278"},{"text":"Those statements, which have led the referring court to find that, to that extent, that agreement pursued an aim objectively favourable to competition, are relevant in view of the specific characteristics which are a hallmark of the normal competitive environment in professional football, as noted in paragraphs 60 to 64 of the present judgment, and also the actual context in which that agreement came into being.","paragraph_id":"para_279"},{"text":"84","paragraph_id":"para_280"},{"text":"As follows from the case-law cited in those paragraphs, interclub football competitions are based, inter alia, on the principle of sporting merit, which presupposes that the results achieved by all of the clubs involved in the different phases of a given competition may be validly compared.","paragraph_id":"para_281"},{"text":"85","paragraph_id":"para_282"},{"text":"As observed, in essence, by the Advocate General in points 57 to 59 of his Opinion, that form of competition in which clubs can engage necessarily presupposes the maintenance of the integrity of the competition and the stability of the composition of the player rosters that serve as a pool for the t …","paragraph_id":"para_283"},{"text":"86","paragraph_id":"para_284"},{"text":"Hence the referring court may validly find that the agreement at issue in the main proceedings pursued, in parallel, an objectively anticompetitive aim, consisting in the restriction of competition on the player recruitment market and an objectively pro-competition aim, consisting in ensuring stabil …","paragraph_id":"para_285"},{"text":"87","paragraph_id":"para_286"},{"text":"In view of the observations submitted on that point by the defendant in the main proceedings and the Commission, it should be added that such a situation is fundamentally different from that in which conduct pursuing an objectively anticompetitive aim whilst at the same time pursuing other objective …","paragraph_id":"para_287"},{"text":"88","paragraph_id":"para_288"},{"text":"Consequently, the referring court’s statements and the Court’s case file show that, although the examination of the content of the agreement at issue in the main proceedings demonstrates that it was such as to manifestly restrict the competition likely to exist between the participating football clu …","paragraph_id":"para_289"},{"text":"89","paragraph_id":"para_290"},{"text":"In the light of all the foregoing considerations, the answer to the third question is that Article 101(1) TFEU must be interpreted as meaning that an agreement by which clubs participating in the professional football divisions of a Member State have undertaken, in collaboration with the national sp …","paragraph_id":"para_291"},{"text":"The first and second questions","paragraph_id":"para_292"},{"text":"90","paragraph_id":"para_293"},{"text":"By its first and second questions, which should be addressed together, the referring court asks, in essence, whether Article 101(1) TFEU must be interpreted as meaning that the prohibition laid down therein does not apply to an agreement by which clubs participating in the professional football divi …","paragraph_id":"para_294"},{"text":"91","paragraph_id":"para_295"},{"text":"In that regard, according to the settled case-law of the Court, not every agreement between undertakings or decision of an association of undertakings which restricts the freedom of action of the undertakings party to that agreement or subject to compliance with that decision necessarily falls withi …","paragraph_id":"para_296"},{"text":"92","paragraph_id":"para_297"},{"text":"However, that case-law does not apply in situations involving conduct which, far from merely having the inherent ‘effect’ of restricting competition, at least potentially, by limiting the freedom of action of certain undertakings, reveals a degree of harm that justifies a finding that it has as its …","paragraph_id":"para_298"},{"text":"93","paragraph_id":"para_299"},{"text":"As regards conduct having as its object the prevention, restriction or distortion of competition, it is thus only if Article 101(3) TFEU applies and all of the conditions provided for in that provision are observed that it may be granted the benefit of an exemption from the prohibition laid down in …","paragraph_id":"para_300"},{"text":"94","paragraph_id":"para_301"},{"text":"In the present case, it is therefore only if the referring court, at the end of its examination of the agreement at issue in the main proceedings, comes to the conclusion that it does not have as its object the restriction of competition and it is possible for it to find that that agreement neverthe …","paragraph_id":"para_302"},{"text":"95","paragraph_id":"para_303"},{"text":"In view of the statement in the order for reference and the observations on that point submitted by the parties to the main proceedings and other interested parties who have been involved in the present proceedings, it should nevertheless be noted, in the first place, that, even if the conduct at is …","paragraph_id":"para_304"},{"text":"96","paragraph_id":"para_305"},{"text":"As regards, in the second place, the existence of a legitimate objective in the public interest, the Court has held previously, on a number of occasions, that the objective consisting in ensuring the regularity of sporting competitions is a legitimate objective in the public interest which holds par …","paragraph_id":"para_306"},{"text":"97","paragraph_id":"para_307"},{"text":"In those circumstances, the pursuit of such an objective is capable of justifying, in principle and without prejudice to their actual content, the rules implemented by an agreement such as the one at issue in the main proceedings.","paragraph_id":"para_308"},{"text":"98","paragraph_id":"para_309"},{"text":"As regards, in the third and last place, the requirement that that agreement must be necessary and proportionate, the Court notes that, as is apparent from the case-law referred to in paragraph 91 of the present judgment, the examination thereof involves, first of all, a determination of whether the …","paragraph_id":"para_310"},{"text":"99","paragraph_id":"para_311"},{"text":"It is accordingly for the referring court, which expressed doubt in the order for reference as to whether the agreement at issue in the main proceedings was necessary and proportionate, to carry out an in-depth examination of those three conditions, being suitability, necessity and proportionality, in the strict sense of the term, of that agreement, in the light of the arguments and evidence put forward by the parties, and also all of the relevant elements of fact and law.","paragraph_id":"para_312"},{"text":"100","paragraph_id":"para_313"},{"text":"In the light of all the foregoing considerations, the answer to the first and second questions is that Article 101(1) TFEU must be interpreted as meaning that the prohibition laid down therein does not apply to an agreement by which clubs participating in the professional football divisions of a Mem …","paragraph_id":"para_314"},{"text":"Costs","paragraph_id":"para_315"},{"text":"101","paragraph_id":"para_316"},{"text":"Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the referring court, the decision on costs is a matter for that court. 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