ANTITRUST | Consiglio di Stato on Competition Law and Sport Regulation

On 7 January 2026, with judgment No. 102 (the Judgment) the Italian Administrative Court of Second Instance (the Council of State) has upheld the appeal lodged by the Italian Competition Authority (the ICA) against decision No. 3409, issued by the Italian Administrative Court of First Instance of Rome of 17 February 2025  (TAR Lazio) and which annulled ICA’s resolution No. 65275 of June 18, 2024 (the Decision).  In the Decision, the ICA had ascertained that the Italian Football Federation (FIGC) had abused its dominant position in the market for organizing competitive soccer events (the Relevant Market) to increase the number of its members, to the detriment of the Sports Promotion Agency (EPS) and Amateur Sports Associations (ASD) affiliated with the FIGC. With the Judgement, the Council of State upheld the Decision and set aside TAR’s ruling, confirming that sporting regulations may fall within the scope of Competition Law. On these premises, the Council of State affirmed that the FIGC had abused its dominant position in the Relevant Market, insofar as its regulations applicable over four soccer seasons were capable of excluding and/or restricting the free participation of affiliated clubs in competitions and events organized by EPS, with the aim of strengthening FIGC’s position in the Relevant Market.

Newsletter n. 114 – January 2026