No millimeter: Opinion of the league to 50 + 1

The announcement of the DFS Presidium to the Bundeskartellamt is clear: The DFL E.V. does not share the preliminary assessment that the 50 + 1 rule in its entirety is antitrust in antitrust due to a merger with the so-called funding exception (...). This rate can be found in the 16-page response of the league to the authority in the 50 + 1 test procedure. The office declared that 50 + 1 could be martial rights because of the sports policy objectives antitrust law, but he noticed that the funding exceptions are problematic.

50 + 1 states that the parent association has to be in possession of the majority of votes at an outstayed professional football corporation. However, the League of Bayer AG granted in Leverkusen, Volkswagen in Wolfsburg and the billionaire Dietmar Hope in Cofferdam after at least 20 years of high promotion exceptions. The professional football divisions of the VFL and Bayer 04 are 100 percent consolidated subsidiaries, Hope keeps 96 percent of the Kraichgauer Football Game Operations GmbH. Martin Kind also paused for Hanover 96 an exception, but retired the application as a rejection subscribed. In the episode of 2018, the DFL-Burittin stimulated the test procedure, in May, the cartel guards gave their preliminary rating.

The entries raise the impression that you want to win time

In her replica, the League Legal Arguments and Facts introduces now or no sufficient consideration. Total new aspects are obviously not that the intel ligations raise the impression that you want to win time. In any case, the leading heads of professional football do not want to deviate a millimeter from the current solution. Already in July, this was followed by a fire letter from Bayer, VFL and the TSG and a meeting of the 36 DFL members. Now the league entities: The Bureau of the DFL E.V. is anxious and wishes to clear the provisional antitrust concerns in close dialogue with the Bundeskartellamt.

In the eyes of the eight Presidium members, the Soon Peaching DFL boss Christian Seifert, Oliver Levi (SC Freiburg), Steffen Schneekloth (Holstein Kiel), Jan-Christian Dreams (FC Bayern), Alexander Were (1st FC Cologne), Rudder Fitch (Darmstadt 98), ONE Divine (FC St. Pauli) and the former Schalke Chief Financial Officer Peter Peters, who soon terminate as Seifert, will be counteracted the objectives pursued by the principle of rule are not counteracted by the granted funding, but in the regulation to the production exception — Although in other design — consistent. Social, sports and health-promoting commitments of the trio also leads the league into the race.

Obviously, it is about different interpretations of the concession of the competition. In any case, the League Bureau: Connecting to this formulation is correct that the, 50 + 1 rule is aimed at the destination that club-produced clubs participate in the competitions Bundesliga and 2nd Bundesliga. The further designs of the decision-making department seem to indicate that The fact that, associated is primarily understood within the meaning of, club members and is decisive in the examination of the proportionality of the sponsorship, the question of the remaining member participation is also parked (see BKarta-Writing, p. 12). It is not sufficiently considered that participation and transparency were also dependent on the legal form for off-existing normal associations and on athletic as well as sporty social concerns.

50+1 rule in the Bundesliga: Why everyone hates RB Leipzig! The arguments can hardly be transferred to RB Leipzig

However, in the case of a concession, a club could slip into the focus of the competition hoists, which is not officially objected to date: RB Leipzig. The parent association considers only one percent of the shares in the Risen Ball sport Leipzig GmbH, but the majority of votes. However, he drives a restrictive policy with just more than 20 members. In order to obtain the second division licensing at 2014, RB had to offer a subsidy membership, which allows participation in E.-V. General Meetings without suffrage.

Dr. Holder Jakob wanted to become a troubleshooting Member 2020. In demand, the association has refused to send the association statute, although one recognizes their content with the signing of the application for funding membership. So you have to desire the statutes without the opportunity to read them, says the lawyer and fan of Union Berlin. It offered him to see the statutes on the office. Jacob finds: This is a legal action, but not in the sense of the actual regulator DFB or DFL. Fatally it is a circumvention. Who says that there are not other companies so synonymous?

A valid question. For the DFL Bureau argues with a view to Cofferdam, Leverkusen and Wolfsburg, that the club values ​​also make the club values ​​ without dominant influence of the parent association in another way. About the duration of the promotion or the close binding between the Group or the turbines and club: Bayer 04 Leverkusen eV and the VFL Wolfsburg eV were already as so-called, factory clubs already, group-influenced as a variety of club members and also organ members in one Exhibition relationship with the respective group company stood.

17 clubs in Europe demonstrate balance

A decoupling of an unemployment has not taken place after the exemption permits at least not in a significant material characteristic, as the association with the Group had already been linked to cooperally structurally, organizationally and economically through funding and sponsorship agreements of the Group for decades. A similar embossing of the association by the long-standing sponsor was also in the case of the TSG 1899 Cofferdam. Arguments that are difficult to transfer to Leipzig, where the Red-Bull Group had taken the starting law of the SSV Markranstädt for the Oberlin 2009.

Any advantages that are obvious if loss compensation mechanisms are trying to deprive the Bureau with two arguments: with that since 2015 — at that time, Hope received the ok to take over the TSG majority — next to the three clubs mentioned above four more clubs continuously Playing in the Bundesliga, and with the fact that since 2010, 17 different Bundesliga clubs have qualified for European club competitions. This demonstrates the long-term balance of the Bundesliga competition. Because: In no other European top leagues, more clubs for the UEFA Champions League (UCL) or UEFA Europa League (FUEL) were able to qualify as in the Bundesliga organized by the DFL E.V.

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