Bundesliga welcomes Federal Cartel Office's statement regarding 50+1 rule
The Bundesliga e.V. Executive Committee has welcomed a ruling by Germany’s federal competition authority, the Bundeskartellamt (Federal Cartel Office), which states that the Bundesliga’s 50+1 rule is permissible under competition law.
In an extraordinary general meeting on Wednesday 12 August, the Executive Committee said it welcomed the Federal Cartel Office’s public statement on the ownership rule rule, which dictates that a club’s members must hold the majority of its voting rights.
The Federal Cartel Office did not raise any fundamental objections to the 50+1 rule while acknowledging exceptions to German and European competition law, citing the objective of preserving clubs’ identity and the public’s right to participation.
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The Excecutive Committee will continue to advocate for the preservation of the 50+1 rule as a fundamental principle of German football. To that end, the league must come to an agreement with Germany’s 36 Bundesliga and Bundesliga 2 clubs which provides legal certainty and takes into account the Federal Cartel Office’s guidance and recommendations.
These include recommendations regarding the transparency of clubs and parent organisations, organisational rules and the handling of the so-called benefactor exemption rule.
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'A key component of German football'
The Executive Committee had already been working hard on possible scenarios over the past few months and will conduct a detailed review of the Federal Cartel Office’s final statement in the coming weeks.
League president Hans-Joachim Watzke said: “The Executive Committee’s position is clear and common knowledge: The 50+1 rule is a key component of German football. It is a significant step that the Federal Cartel Office, in its final assessment, does not raise any fundamental concerns regarding the rule.
“The Executive Committee will continue to advocate for the protection and preservation of the rule. The task now is to find solutions, along with all 36 clubs in the Bundesliga and Bundesliga 2.”
This assessment brings to a close an investigation by the Federal Cartel Office which has lasted more than eight years. On July 18, 2018, the Executive Committee requested an investigation under Section 32c of the Competition Act (GWB).
Clubs vote to ‘retain’ ownership rule
Since its introduction, the rule has been challenged on several occasions - and from various quarters - under competition law.
The main objective of the request in 2018 was to dispel any doubts regarding the legality of the 50+1 rule and its application by the league.
In the league’s general meeting on 22 March 2018, clubs had voted in favour of initiating a “process to improve the legal certainty” and “retain” the the 50+1 rule.
