4.2 million euro fine for the FIGCsanctioned by the Antitrust for abuse of a dominant position in the organization of youth competitions.
The Authority, as stated in a note, has in fact ascertained that the FIGC, at least since 1 July 2015, has implemented a complex exclusionary strategy to strengthen its dominant position in the organisation of competitive youth football competitions and to extend it to the recreational-amateur market, in which it operates in competition with the Sports Promotion Bodies (Eps).
The abusive strategy was achieved first and foremost through the FIGC’s failure to stipulate the agreements required by the CONI EPS Regulation (2014) for the carrying out of competitive activity. This allowed the Federation to preclude EPS from accessing the market for the organization of competitive events, thus guaranteeing itself a position of substantial monopoly.
Secondly, the FIGC used its regulatory power in an instrumental way, illegitimately considering as competitive the amateur activity carried out by Sports Promotion Bodies with athletes aged between 12 and 17. Furthermore, it also imposed an agreement between the Federation and the EPS and the pre-authorization of the event for athletes up to 12 years of age (by definition not included in competitive activity), thus limiting the freedom of the Amateur Sports Associations affiliated to the FIGC and of their athletes with dual membership to participate in the tournaments organized by the EPS. In this way, the ability of Sports Promotion Bodies to exert sufficient competitive pressure on the Federation has been reduced, hindering and/or weakening competition in the market for the organization of amateur recreational events.
The position of the FIGC
The FIGC announces an appeal to the TAR of Lazio against the 4 million fine of the Antitrust. The Federation in a note ”reiterates the absolute correctness of its actions, considering the sanction unjustified, based on arguments verifiable by documents and on an erroneous legal reasoning”.
”This sanction – it is underlined 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 communicates that the appeal, with a request for suspension, is being notified to the TAR of Lazio”.
