Il rapporto tra sport e concorrenza alla prova della giurisprudenza nazionale. Sui poteri regolatori delle federazioni sportive nazionali in relazione all’art. 102 TFUE

The article, starting from the recent ruling of the Council of State, section. VI, n. 5054 of 2024, regarding the abuse of a dominant position by a National Sports Federation, aims to retrace the European administrative and jurisprudential evolution regarding the relationship between the sports system and competition, and to compare the principles consolidated before the Court of EU Justice both with respect to the approach given by the AGCM to the contested sanction measure and with respect to the annulment decision taken by the Council of State. In light of this analysis, I will conclude on the consistency of the decision with European precedents and on its innovativeness in the Italian jurisprudential panorama, and I’ll identify some measures that the Authority could adopt in the future to set up investigations regarding the exercise of normative and regulatory powers on the part of the exponential subjects of the national sports system.