fight behind the scenes
the DFL is in a dilemma. In a statement in autumn, she campaigned for the status quo to continue and called for the Cartel Office to reassess the arguments presented. The league’s response was not the only comment. The Bundeskartellamt confirmed to sportschau.de that it had received seven further statements. “The writing of DFL as well as the opinions of the other parties involved refers to this preliminary assessment and explains the point of view of DFL or. the other parties involved. We will now evaluate these arguments”the authority said.
Eleven actors who had been invited since the beginning of the procedure in 2018 were entitled to comment. These are the three “works clubs” mentioned and the 1. FSV Mainz 05, Borussia Dortmund, the FC st Pauli, Hanover 96, RB Leipzig and the TSV 1860 Munich registered association His too Investor HAM International ltd and the German Football Association DFB belong to.
Sportschau.de asked all eleven participants whether and if so, what they reported back to the competition authorities. Mainz and Leipzig stated that they had refrained from making their own statement. Of the three factory associations wanted VfL Wolfsburg and TSG 1899 Hoffenheim do not comment specifically on this. Bayer 04 Leverkusen announced: “We are convinced of our and ultimately of the DFL arguments put forward to the Cartel Office and wish us the unrestricted continuation of the existing regulation.”
Borussia Dortmund did not want to give any details about the pending antitrust proceedings, but emphasized in its answer that it was a supporter of the 50+1 rule. This is also from FC st Pauli and 1860 Munich registered association known, which only express themselves in general terms. However, both have each given their own opinion. The 1860 investor is also said to have spoken to the cartel office.
DFB proclaims responsibility for itself
The detailed answer from the German Football Association is surprising DFB the end. The association welcomes the Cartel Office’s preliminary assessment to the extent that the 50+1 rule is considered permissible because it pursues legitimate goals. However, the Cartel Office’s concerns regarding the three current exemptions from funding for Bayer 04 Leverkusen, the VfL Wolfsburg and 1899 Hoffenheim not understandable.
“The Cartel Office has not yet taken sufficient account of the fact that the DFB does not pursue any economic advantages of its own with this rule, but feels obliged solely to protect and ensure the functionality of sporting competition”, writes the association. It is therefore expected that the Cartel Office will approve the 50+1 rule in its entirety. Formally, the cartel office should complete the procedure and declare that there is no reason to act against the rule.
the DFB also emphasizes his own role once again. The Cartel Office was informed that the 50+1 rule was not only applicable in the statutes of the DFLbut from the beginning in the DFB-The statute is enshrined as a higher-ranking law: “That’s why the 50+1 rule has general validity for the top three leagues of football in Germany. It could be derived from the DFL alone cannot be changed.”
the DFL had the when it was founded DFB– Rule word for word in their statutes. In addition, it is only valid as a single member association in the DFB. Against this background, it would be the sole responsibility of the DFB Presidium to approve any exceptions to this rule. It is therefore all the more surprising that the DFB had submitted this application to the Federal Cartel Office for a review of 50+1. That can no longer be changed, as the applicant remains DFL in charge here to the end.