Wednesday marks the one-year anniversary of the beginning of the collapse of the European Super League. The most revolutionary project in the history of the club game started to formally unravel when Chelsea issued a statement that they would be withdrawing. Other clubs soon followed suit — some of them adding very public apologies to supporters — until just three remained: Real Madrid, Juventus and Barcelona.
They have not given up the fight and continue to do battle in European courts, arguing that UEFA and FIFA are abusing a monopolistic position in violation competition law by acting as both regulators and competition organizers. A lot will depend on the verdict returned by the European Court of Justice (ECJ). But either way, the underlying issues that led to 12 super-clubs forming the league have not gone away.
Q: Does this mean the Super League could return?
A: If the ECJ finds in favor of Real Madrid, Juventus and Barcelona, I'd imagine it's almost certain. It would depend on the wording of the verdict, of course, but if the court rules that clubs can't be punished by regulatory bodies — such as UEFA, FIFA, national leagues or federations — for organising their own tournaments and playing them when they want, against whomever they want, and dividing up the revenues whichever way they want, then the door is wide open.
And for all the apologies that came from the number of clubs who joined and then pulled out, saying they made a terrible mistake and would "listen to fans," I'd imagine most would be back on board. After all, they'd say they were only following the law. And the law allowed them to form a Super League.
Q: OK, so how likely is it that the ECJ will back the Super League? And when will it issue its verdict?
A: We have no clue when it will issue their verdict, or even if it will. Many expect it will be later this year, but it's just speculation. But it could also kick the whole thing down the road and decide there are no grounds to make a ruling. That would leave us further in a state of limbo. Or it could give football (maybe even sport in general) an exemption from some aspects of competition law. That would signal defeat for the Super League and probably quash it once and for all.
On the other hand, if the ECJ concludes that professional football is primarily a business and European law guarantees the right to businesses to compete as they see fit? Well, that's another matter.
Q: What's UEFA's counterargument?
A: I'd imagine UEFA would say first and foremost that it is not a business, but a public trust that runs the game at all levels, from amateur to professionals. Yes, it controls the most lucrative competition in club sport, but it doesn't squirrel away the profits. On the contrary, it hands them right back to clubs and federations to develop and support the game. It is monopolistic maybe, but in the same way the police or the public health service or the highway system is a monopoly. It doesn't profit from it; every penny is reinvested for the common good.
In some ways it's a classic socialism vs. capitalism argument. Where the ECJ stands on this will depend, I think, on the prevailing political mood in Europe.