[ES] Regulator calls on RFEF to amend proposal for commercialising football audiovisual rights
Francisco Javier Cabrera Blázquez
European Audiovisual Observatory
On 6 July 2021, the Spanish regulator Comisión Nacional de los Mercados y de la Competencia (CNMC) called on the Real Federación Española de Fútbol (Spanish Football Federation - RFEF) to amend its proposal for commercialising the 2021-2024 audiovisual rights of the new Primera RFEF category in Spain, Europe and international markets. According to the CNMC, the RFEF proposal does not comply with certain aspects established in Royal Decree-Act 5/2015, which regulates the audiovisual broadcasting rights of professional football. The RFEF should amend its commercialisation proposal in the following aspects:
- restrict the powers granted to it regarding "the joint commercialisation of the audiovisual rights included in the scope of this Royal Decree-Act".
- eliminate the reference to the ownership of rights that are not recognised.
- not include commercial opportunities and obligations relating to advertising which are not covered by the applicable legal regulations and which are unjustified and contrary to the principle of freedom of enterprise.
- not include reservations of rights, non-exclusive rights, included rights, reserved rights, other rights, etc., which are not justified.
- amend those aspects identified in the report that are contrary to the principles of publicity, transparency, competition and non-discrimination in the process of awarding rights.
The CNMC also stated that the RFEF proposal will be subject to Articles 1 and 2 of Act 15/2007 on the Defence of Competition, and to Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU), in all those aspects that exceed the scope of protection set out in Royal Decree-Act 5/2015.
- Informe sobre la propuesta de la RFEF para la comercialización de los derechos audiovisuales en España, Europa e internacional de la nueva categoría Primera RFEF para las temporadas 2021-2022/2023-2024, INF/CNMC/079/21 Nueva categoría Primera RFEF
- Report on the RFEF's proposal for the commercialisation of the audiovisual rights in Spain, Europe and internationally of the new category Primera RFEF for the seasons 2021-2022/2023-2024, INF/CNMC/079/21 New category Primera RFEF
This article has been published in IRIS Legal Observations of the European Audiovisual Observatory.