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Private Regulation and the Internal MarketSports, Legal Services, and Standard Setting in EU Economic Law$
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Mislav Mataija

Print publication date: 2016

Print ISBN-13: 9780198746652

Published to Oxford Scholarship Online: May 2016

DOI: 10.1093/acprof:oso/9780198746652.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 28 November 2021

Conditional Autonomy

Conditional Autonomy

EU Internal Market Law and the Private Regulation of Sport

(p.157) V Conditional Autonomy
Private Regulation and the Internal Market

Mislav Mataija

Oxford University Press

This case study supports the conclusions of the general chapters by analysing the application of the free movement and competition rules in the area of sports. Early on, judgments of the CJEU opened the door to the application of the internal market rules against the sporting world’s claim for autonomy. Competition law followed a similar trajectory: it remains broadly applicable over the rules of sporting bodies while creating outlets for justification beyond economic efficiency. The chapter argues that the two sets of rules have converged to an unusual extent in this area and have been used interchangeably. Relying on internal market law, EU institutions have been able to impose limited reforms on sports regulators even in the absence of a legislative competence. Sporting bodies are recognized as legitimate, and EU law defers to their measures as long as they are non-discriminatory and based on good governance principles.

Keywords:   sporting bodies, purely sporting rules, specificity of sport, conditional autonomy, anti-doping, player transfers, Court of Arbitration for Sports, governance reforms, organizational rules

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