On Thin Ice: The Court’s Judgment in Case C-124/21 P, International Skating Union v Commission

This judgment provides the foundations for applying art. 101 TFEU to rules or sporting organisations related to competing organisations. At hand was a rule that banned athletes from competing in non-approved skating competitions. The Commission found this rule to be a restriction of competition by object, which was largely upheld by the General Court. This judgment largely confirms the Commission’s assessment and sheds light on what sporting organisations can do within the bounds of competition law. It is a highly relevant judgment not only for those interested in the interaction between sports regulation and competition law, but also for people with a more general focus on competition law as it contains several clarifications and innovations as regards the interpretation of art. 101 that have implications beyond sporting organisations and may also impact the application of art. 102. Finally, the Court sheds some light on the compatibility of arbitration with the EU legal order.