Luxembourg, 05/10/2015 (Agence Europe) - On Monday 5 October, the European Commission opened formal investigation proceedings into the eligibility rules of the International Skating Union (ISU), the only organisation recognised by the International Olympic Committee (IOC).
These rules permanently ban skaters from competitions such as the Winter Olympics and ISU world and European Championships if they take part in any events not approved by the ISU. The investigation follows a complaint by two Dutch ice speed skaters, Mark Tuitert and Niels Kerstholt.
The Commission will in particular investigate whether ISU rules are unduly preventing athletes from exercising their profession by putting disproportionate and unjustified obstacles in the way of companies not linked to the ISU that want to organise alternative ice-skating events. Indeed, ISU rules threaten athletes who participate in such events with a lifetime ban.
If confirmed, such practices could constitute anti-competitive agreements and/or an abuse of a dominant market position in breach of EU anti-trust rules. “In the case of the International Skating Union, we will investigate if such rules are being abused to enforce a monopoly over the organisation of sporting events or otherwise restrict competition”, said Margrethe Vestager, European commissioner for competition.
Sporting rules are subject to EU anti-trust rules when the body setting the rules or the companies and persons affected by the rules are engaged in an economic activity. On the basis of EU Court of Justice case-law, sporting rules are compatible with EU law if they pursue a legitimate objective and if the restrictions that they create are inherent and proportionate to reaching this objective. (Original version in French by Mathieu Bion)