Keeping Fair Play in Football Investments
Enforcement needed: DFL obligated to adhere to competition regulations (50+1 rule)
Germany's Federal Cartel Office has proposed improvements to the 50+1 rule in German football, focusing on ensuring a consistent, fair, and legally-secure application of the rule in the future. Although the authority sees no fundamental issues, it calls on the DFL to take immediate action.
Ready to Wrap Up
The DFL, affected football clubs, and investors now have a chance to respond. Once they submit their feedback, the Federal Cartel Office plans to finalize its recommendations and bring the matter to a close.
Last year, the DFL and the Cartel Office reached a preliminary agreement to revise the controversial 50+1 rule, which currently prevents investors from gaining a majority of votes in football club companies. Postponements of club votes on new regulations at general meetings have been necessary.
Uniform Conditions for All
In a statement, Andreas Mundt, President of the Federal Cartel Office, stated, "The DFL should establish uniform competitive conditions and, therefore, apply the 50+1 rule in a non-discriminatory manner."
Mundt also hinted at the cases of RB Leipzig and Hannover 96. He emphasized the importance of maintaining open access to membership and fan participation across all Bundesliga and 2. Bundesliga clubs, and ensuring that the DFL's interpretations of the 50+1 rule are consistent.
Better Enforcement for a Level Playing Field
The Federal Cartel Office's recommendations underscore the need for stricter enforcement of the 50+1 rule, calling for a more even competitive field among German football clubs. Exemptions for Bayer Leverkusen and Wolfsburg, based on their historical ties with Bayer and Volkswagen, may no longer be valid due to recent European court rulings. Concerns about RB Leipzig's compliance with the 50+1 rule have also surfaced due to limited member voting rights.
Combined, these changes could lead to a reassessment of how football clubs, especially those with significant corporate involvement, are managed in Germany. The Federal Cartel Office's stance also highlights the importance of treating all clubs equally to maintain a level playing field under the 50+1 rule.
The DFL should ensure the 50+1 rule is applied uniformly across all football clubs, as suggested by Andreas Mundt, President of the Federal Cartel Office, to maintain fair competition in German leagues. The proposal also emphasizes the need for stricter enforcement of the rule to prevent potential disparities, such as those seen in cases like RB Leipzig and Hannover 96.
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