Friday 7 May 2021

Competition Damages Claim against FAPL for blocking takeover of Newcastle United

 Competition Damages Claim against FAPL for blocking takeover of Newcastle United

The Competition Appeal Tribunal (CAT) has published a claim for damages and/or an injunction by Newcastle United Football Company Limited (NUFC) owner St James Holdings Limited against The Football Association Premier League Limited (FAPL).

The claim alleges that FAPL has infringed Article 101/Chapter I and/or Article 102/Chapter II by blocking a proposed takeover of NUFC by PZ Newco Limited.

Quite apart from the abuse of dominance allegation, the claimant alleges that the FAPL’s exercise of its powers under its rules is liable to exclude new owners and new management of, and new investment in, member-clubs and has the potential to restrict competition between clubs.

It claims that FAPL did not properly exercise its rules requiring owners of clubs to be "fit and proper persons" in a fair, objective and non-discriminatory manner and that the FAPL used its powers under its rules for an improper (i.e., commercial) purpose.

The claimant is seeking damages for loss of profit or, alternatively, loss of opportunity, and an injunction requiring the FAPL to withdraw and reconsider its decision.


https://lnkd.in/grs5Aw7


#football competition

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