Exclusivity and exclusion in sports: an economic appraisal following the judgments in European Superleague and International Skating Union

This article explores the economics behind exclusivity abuses of a dominant market position by sports governing bodies, building upon the International Skating Union and European Superleague judgments by the Court of Justice of the European Union dated 21 December 2023. After outlining the vertical market structure of sports and its network effects, this article sets out the various (economic and non-economic) theories of harm and benefit that come from exclusive dealing in sports. It also discusses how the effects from these theories may be quantified and what degree of freedom sports federations do or should enjoy when adopting and applying rules that could exclude a rival sports competition.