ECJ: Portuguese football no-poaching agreement could meet EU law
The European Court of Justice (ECJ) has stated that a no-poach agreement among Portuguese first and second division football clubs during the coronavirus pandemic could potentially be compatible with EU law. While the agreement restricted player recruitment, it also aimed to ensure roster stability, an objective that may favor competition. The final decision will be made by Portugal's Competition, Regulation and Supervision Court, which referred the case to the ECJ for guidance.
- ▪The no-poach agreement was made after the 2020 season suspension due to the pandemic, preventing clubs from signing players who unilaterally terminated contracts.
- ▪Portugal's competition authority ruled in 2022 that the agreement violated competition law, prompting an appeal by the clubs.
- ▪The ECJ acknowledged that while the agreement had anticompetitive aspects, it also pursued the pro-competitive goal of maintaining team stability.
- ▪The ECJ did not issue a final ruling but provided legal guidance, leaving the ultimate decision to the Portuguese court.
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