Conclusion of proceeding on DFL’s joint selling of media rights: Bundeskartellamt tolerates DFL’s marketing model

The Bundeskartellamt has completed its examination of the marketing model based on which Deutsche Fußball Liga (DFL) intends to sell the media rights to Bundesliga and Bundesliga 2 matches from the 2025/26 season onwards. DFL has been informed in writing that the model it proposed will be tolerated by the Bundeskartellamt. The parties to the proceeding had the opportunity to comment on the authority’s preliminary assessment (see press release of 30 January 2024).

Andreas Mundt, President of the Bundeskartellamt: “Having concluded the proceeding, we have now set the guidelines under competition law for the upcoming sale of media rights. We have expressly requested prompt coverage of all the Bundesliga matches’ highlights on free-to-air TV. We have also ensured with regard to live broadcasting rights that the auction’s structure includes essential elements of competition to give interested parties with fewer financial resources a chance to acquire broadcasting rights.”

With regard to the live broadcasting rights, the model no longer includes the “no-single-buyer rule” for the upcoming sale period. This is because the market situation is now considerably more dynamic when it comes to live coverage of football matches due to the activities of companies such as DAZN, RTL and Amazon. Therefore, even though it is no longer mandatory, it is still possible for the live broadcasting rights to Bundesliga matches to be acquired by more than one purchaser.

Click here for more information on DFL’s specific marketing model (available in German only).

The letter by which DFL has been informed by the Bundeskartellamt of its toleration of the marketing model for media rights to Bundesliga and Bundesliga 2 matches from the 2025/26 season onwards is available here (in German only).

Background

DFL’s joint selling of the media rights to the individual Bundesliga matches constitutes an agreement restricting competition. However, under German and European competition law such an agreement can be exempted from the ban on restrictive practices if it leads to certain advantages for which such a restriction of competition is indispensable. In the authority’s previous practice, as well as in relation to other national leagues and at the international level, it has been acknowledged that the joint selling of media rights by an association may involve advantages for consumers and can therefore be accepted under competition law if certain conditions are met. One advantage, for example, is that it allows broadcasters to offer high-quality league-related products. The Bundeskartellamt has therefore made the selling of media rights subject to certain conditions relating to competition.

In its judgment in the Super League case (C-333-21) the Court of Justice of the European Union also recently commented on issues relating to the joint selling of football media rights. As the judgment was handed down at a time when the authority’s proceeding was already well advanced, it was not possible to give full and proper consideration to the issues raised in this case. It remains to be seen whether the judgment will require the Bundeskartellamt to change its practice in assessing the joint selling of media rights in the future. For the authority to tolerate the upcoming sale of media rights, it was important that the rights be granted for a limited period of time, after which it will be possible to reassess the legal situation, if necessary.