The specificity of sporting activities and rules such as separate gender competitions, limited number of participants in competitions and the need to ensure uncertainty is concerned with outcomes and to preserve a competitive balance between competitors. As explained in the policy specification of legitimate objectives are likely not to be breached by anti-trust provisions of the EU Treaty, provided that their anti-competitive effects are proportional to the objectives being pursued.
However, anti-doping rules and rules concerned with sporting in respect of the regulatory aspects of sport whether compatible with EU competition law can only be made on basis of case. European Court of Justice ruling confirmed clarifications on regard to the impact of EU law on sporting rules. Purely sporting rules notion was dismissed as irrelevant for the question of the applicability of EU competition rules to the sport sector. The Court recognized that the specificity of sport has to be taken into consideration provided that restrictive effects on competition were inherent in the organization and proper conduct of competitive sport are not in breach of EU competition rules. The rules were embraced provided that its effects were proportion to the legitimate genuine sporting policy being pursued.
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