FIBA: temporary injunction
On Thursday 2 June 2016, the Munich Regional Court I (Germany), ruling on the complaint presented by Euroleague and Eurocup clubs, has issued a resolution that prohibits FIBA and FIBA Europe from sanctioning clubs, domestic leagues or national federations should their clubs choose to participate in the Euroleague or Eurocup competitions. The resolution also prohibits FIBA and FIBA Europe to exclude national teams from participating in competitions organised by FIBA and FIBA Europe.
Despite the Article 9.1 of FIBA’s General Statutes as well as Article 12 of the National Association Statutes, “excluding or threatening to exclude the national teams by reference to the exclusivity clause under Article 9.1 of the Statutes, constitutes the abuse of a dominant position. It is “asymmetric” warfare. […] Even if the exclusivity clauses under Articles 9.1 and 12 of the Statutes and the associated sanctions mechanism do not in themselves constitute an anticompetitive measure within the meaning of Article 101 TFEU”. (Euroleague-Eurocup Clubs/FIBA-FIBA Europe)
