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Barani, Luca --- "The Regulation of Sport in the European Union: Courts and Markets" [2007] ELECD 259; in Bogusz, Barbara; Cygan, Adam; Szyszcak, Erika (eds), "The Regulation of Sport in the European Union" (Edward Elgar Publishing, 2007)

Book Title: The Regulation of Sport in the European Union

Editor(s): Bogusz, Barbara; Cygan, Adam; Szyszcak, Erika

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847203632

Section: Chapter 6

Section Title: The Regulation of Sport in the European Union: Courts and Markets

Author(s): Barani, Luca

Number of pages: 25

Extract:

6. The regulation of sport in the
European Union: courts and markets
Luca Barani

INTRODUCTION
Building on the survey of sport-related issues at the European level made in
other parts of the book, this chapter focuses on the policy alternatives and legal
dilemmas of sport regulation. More specifically, it will analyse the regulation
of professional football in the context of the European Union (EU), and prin-
cipally how the European Court of Justice (ECJ) has approached it. The devel-
opment of sport regulation is tackled from a political perspective, without
neglecting its economic and legal aspects.
This chapter aims at deepening the understanding of the relationship
between public institutions and private parties in the regulation of sport. It is
possible to describe such an interaction as a situation characterized by imper-
fect alternatives provided by legislators, courts and administrative agencies
attempting to regulate. Simultaneously, private agents try to foresee (and often
to influence) the type of intervention that will prevail and to shape their inter-
action according to the constraints and the opportunities present in the
economic and institutional environment. Significant contributions to this kind
of inquiry come from law and economics literature, which analyses regulation
on the basis of transaction costs1 and recently extends this approach to public
bureaucracies.2
The perspective of such a Comparative Institutional Approach (CIA) is used
to disentangle the complex dynamics of interaction between public and private
parties. Starting from the idea that two dimensions move along a continuum of
cooperation and competition, ...