How (F)FAR is too (F)FAR? : An EU competition law analysis of FIFA's new Football Agent Regulations

The football industry, as the world’s largest sport, has experienced exponential growth over the past decade, driven by the rapid commercialization of the sport. This commercialization combined with the juridification of sports have placed sporting regulations under more scrutiny than ever before. Football agents, one of the biggest beneficiaries of this commercialization, have seen their influence grow, raising the need for a clear and fair regulation. In response, FIFA has implemented the FIFA Football Agent Regulations (FFAR) to regulate their activities and maintain the integrity of the industry. However, concerns have been raised regarding the proportionality of FFAR, leading to an impending ruling from the ECJ. A core principle of EU law is the protection of free competition, which limits the actions of organizations in dominant positions, including FIFA. This thesis examines the extent of which EU competition law applies to sports, and examines whether FIFA’s implementation of FFAR, in its current form, breaches Article 102 TFEU, which prohibits the abuse of a dominant position. The unique nature of sports, which requires balancing its economic and sporting dimensions, is essential to understanding the complex interaction between sports and the law. To provide clarity, this thesis explores the football industry and its key actors, as well as relevant case and soft law, to contextualize the sporting exception framework. This framework allows sporting bodies like FIFA to implement regulations that may have anti-competitive effects, provided such measures are proportionate and necessary to achieve its legitimate objectives. The thesis concludes that while some provisions of FFAR may be justified under the sporting exception framework, other aspects, particularly the eligibility requirements and service fee cap, raise legitimate concerns regarding their proportionality. These provisions may constitute exclusionary abuse under Article 102 TFEU, explicitly by limit