Germany’s cartel office said it still has no general objections to the single 50+1 ownership rule in German football, following a recent ruling by the European Court of Justice (ECJ).
But the cartel office said it will not reach a final decision on whether the rule complies with European antitrust law until after an examination of club licensing practices by the German Football League (DFL).
The 50+1 rule means that investors cannot acquire a majority stake in a club, as 50% plus one of the shares must be held by the club.
There are exemptions for German Bundesliga and Cup champions Bayer Leverkusen and Wolfsburg, who have long been financed by chemical company Bayer and car makers Volkswagen respectively.
The DFL vote on the 50+1 modifications has been postponed pending a final decision by the cartel.
“The new ECJ jurisprudence does not fundamentally change our assessment of the basic 50+1 rule,” said cartel cabinet chairman Andreas Mundt in a statement on Wednesday.
“It remains true that a club’s objective is adequate to justify an exception to antitrust law. In this regard, we also consider that the rule is proportionate in principle.”
The ECJ ruled, in litigation surrounding a planned Super League, that football federations cannot make other competitions dependent on their approval and cannot ban clubs and players from participating in them. He also stated that this does not mean that a Super League will become a reality.
Mundt said the ECJ has strict criteria for exemptions from cartel law, which warrants review of the DFL’s licensing procedures.
The DFL was hoping for a final decision, but called the cartel’s latest statement “positive” in a statement.
“It is in the interests of the DFL that a legally sound 50+1 assessment by the cartel office is possible and in line with European competition law,” the DFL said.
