The German Federal Cartel Office has concluded its assessment of the German Football League’s (DFL) 50+1 rule under competition law. The authority announced on Wednesday that it continues to view the regulation as permissible within German professional football. However, its admissibility hinges on the rule being applied “consistently and without grounds for unjustified differences.”
This evaluation is based on established European Court of Justice jurisprudence, which dictates that rules restricting competition can be acceptable if they serve a legitimate public good objective. The 50+1 rule is specifically aimed at fostering the independent character of clubs and increasing member participation.
Andreas Mundt, President of the Federal Cartel Office, emphasized that the DFL must ensure open access to membership and uphold the co-determination rights of fans when applying the rule. Furthermore, the DFL must also guarantee consistent adherence to the rule during internal league voting processes. Mundt also noted that the proposed restructuring of the financial protection for existing patron clubs requires “further improvement.”
According to the Federal Cartel Office, there is no reason to challenge the 50+1 rule because it achieves the public good objective of participation in professional football. Mundt stated that the agency “will not pursue proceedings to prohibit the 50+1 rule, nor will we initiate any such proceedings.” In the agency’s view, banning the rule would diminish the participation opportunities within clubs and would allow clubs to be completely opened up to external investors. The precise design and implementation of the rule remain the responsibility of the DFL. The agency made no stipulations regarding deadlines for adjustments in its decision.
