Sports Broadcasting : Balancing with the Principles of the EU Single Market and Future Perspectives
Arguably, up to date, there is no clear legal framework for sport at the European Union (EU) level. A proper EU legislative initiative to regulate sport has been almost absent. The Commission, together with the European Court of Justice, still serves as the main source of rules on emerging issues between sport and EU law. This consolidated methodology used for examining the compatibility of sport activities with EU objectives is based on a case-by-case analysis. Among other issues, territorial exclusivity of broadcasting rights constitutes probably the most controversial matter of the sector in relation to the EU single market. Additionally, exclusive broadcasting rights licenses may also frustrate free-to-air public access, right to information and media pluralism. Case law has demonstrated how the exclusive broadcasting rights can be limited in the light of a fair balance with EU (competition) law and fundamental EU principles. Ultimately, the new digital society is constantly increasing the complexity of the matter at stake and it requires EU regulations to change in line with the new convergence era