AgCom: the FIGC has abused its dominant position
Tiziano Pesce, Uisp to the Dire press agency: “We welcome the decision very much, not only because of the reference to the football field”
The Competition and Market Authority has fined the Italian Football Federation (FIGC) for a total amount of over 4 million euros (4,203,447.54 euros). The Authority has in fact ascertained that the FIGC, at least since 1 July 2015, has implemented a complex exclusionary strategy to strengthen the its dominant position in the organisation of competitive youth football competitions and to extend it to the recreational-amateur marketin which it operates in competition with the Sports Promotion Bodies (Eps). This is what is stated in a note from the Antitrust. The abusive strategy was implemented first of all through the failure of the FIGC to stipulate the agreements required by the Coni Eps Regulation (2014) for the performance of competitive activity, the note explains. This allowed the Federation to preclude the EPS from accessing the market for the organization of competitive events, thus guaranteeing itself a position of substantial monopoly.
Tiziano Pesce, Uisp national presidentquestioned by the Dire press agency, commented favorably on the decision, reconstructing the path that led to today’s news: “The appeal was presented by the Libertas National Sports Centre (EPS sports promotion body, ed.), then the Antitrust asked all EPS for the possibility of joining the procedure. We at Uisp, together with other organizations, have intervened and we were heard on April 18 and I personally filed a brief, because Uisp, due to its tradition in organizing youth football activities, has been the most affected and penalized over the years. The sentence is fair and we welcome it with great satisfaction. We were hoping for a response of this type from the Antitrust and for us, sports promotion bodies, it was clear that the Football Federation was abusing its dominant position in the organisation of basic sports activities, even if carried out in a competitive manner”. This was declared to the Dire Agency by President of the Italian Union of Sports for All (Uisp), Tiziano Pesce. “We welcome the decision very much – continues the president – not only in the football field, because it is a measure that puts many other Federations and the Coni in a position to review their positions. Because similar positions, if not the same as those of the FIGC, are carried forward by other Federations, with regard to amateur activities. In fact, the Federations explain that they are the bodies that regulate that activity or specific sporting discipline, and only they can promote and organize competitive activity. This is not true because the operating regulation of the Coni EPS also says so: the Entities can organize competitive activities and, with the stipulation of an agreement, also competitive performance activities, which lead to the emergence of Italian championships. With underhanded behaviors, grassroots sports clubs are prohibited from participating in EPS events and this also leads to the abandonment of sports activity by the youngest”.
Secondly, the FIGC has instrumentally used its regulatory power, illegitimately considering as competitive the amateur activity carried out by Sports Promotion Bodies with athletes between 12 and 17 years of age. It also imposed for athletes up to 12 years of age (by definition not included in competitive activity) the agreement between the Federation and the EPS and the pre-authorization of the event, thus limiting the freedom of the Amateur Sports Associations affiliated with the FIGC and their athletes with double membership to participate in tournaments organized by the EPS, the note concludes. In this way, the ability of the Sports Promotion Bodies to exert sufficient competitive pressure on the Federation was reduced, hindering and/or weakening competition in the market for the organization of recreational-amateur events.
“With reference to the communication received today from the Antitrust Authority, The FIGC considers the sanction unjustified, based on documentary evidence and on an erroneous legal reasoning. Moreover, this sanction – explains the FIGC in a note – was imposed with the same motivations with which the Italian Equestrian Sports Federation (FISE) had been sanctioned in a similar proceeding. Decision then annulled by the Council of State, with sentence of last June 5th n.5054. For this reason, in reiterating the absolute correctness of its actions, The FIGC announces that the appeal is being notified, with a request for suspension, to the TAR of Lazio”.
“We are satisfied with the Authority’s decision to sanction the FIGC because we believe that even in the sports sector any incorrect behaviour to the detriment of the market and consumers should be punished – explains Codacons- We also believe that many shadows hang over the Federation: we have been forced to report the FIGC several times for having assumed, together with the CONI, behaviors and decisions that have represented a damage to the fans and citizens passionate about football. For example, it has never been clear why the FIGC and CONI act tenaciously to keep the fans and the organizations that represent them away from any legal or sporting proceedings that involve the world of football, when the fans themselves are the first subjects damaged by the illicit acts”. (Source: Dire.it)
Published: 02/07/2024 | Viewed 5 times
