In a preliminary assessment of the 50 + 1 rule in German professional football, the German Federal Cartel Office has criticized the currently applicable exemptions for the clubs Bayer Leverkusen, VfL Wolfsburg and TSG 1899 Hoffenheim.
“If some clubs have greater opportunities to raise equity than others, this should not contribute to the equilibrium of the sporting competition, but rather distort it,” said an assessment published on Monday. This was done by the authority for the German Football League (DFL).
In principle, the authority considers the 50 + 1 rule to be compatible with applicable antitrust law. It is “undoubtedly a restriction of competition”, it says in the communication. However, with this regulation, which is only valid in German professional football, the DFL wants to “ensure a club character and a certain balance in sporting competition. These sport-political goals can also be recognized within the framework of antitrust law”.
However, the Federal Cartel Office considers it disproportionate that the current subsidy exception applies to the three group or investor-run clubs from Leverkusen, Wolfsburg and Hoffenheim. The majority of these belong to the Bayer Group, the Volkswagen Group and Dietmar Hopp. The DFL, the clubs concerned and their investors should now comment on the assessment of the Cartel Office.
The 50 + 1 rule is intended to limit the influence of external investors on a Bundesliga or 2nd Bundesliga club. In essence, it stipulates that the parent club must continue to hold the majority of the votes after its professional department has been outsourced to a corporation.
