Mathieu MOREUIL
He works in APCOWORLDWIDE, former EU official
Education Background:Master Degrees in European politics and European Business
Sports and the Media in the European Framework:Comparison between EU&US Model
Mathieu MOREUIL
The history of sport probably extends as far back as the existence of human civilizations. It is a very old social phenomenon which has evolved with our societies. Since the end of the 19th century, sport has been more and more structured thanks to the creation of sporting federations and the rebirth of Modern Olympic Games. Nowadays sport in Europe has a dual character. On the one hand it is still a recreational activity for millions of citizens who take part in sporting activities in order to improve their well being, to keep a healthy lifestyle or because it contributes to personal development and fulfillment. On the other hand sport has become a real business, an industry generating several billion euros in terms of revenues and gathering millions of spectators and viewers.
The tuning point can be probably found in the 1980’s when private broadcasters emerged in the national monopolistic panoramas and realized the commercial interest sporting events could bring. Popular events indeed mean a lot of viewer which mean expensive advertising slots. Commercial TV’s invested more and more in sports rights increasing sporting organizations’ revenues. Development of Pay-TVs also increased sports’ rights value as broadcasting sporting competition mean attracting subscribers.
Taking into account its increasing commercialization, professional sport could not stay any longer out of the scope of European law. The European Court of Justice held in several rulings that sport was subject to European law when it constitutes an economic activity, whether by professional or amateur athletes. As a consequence the provisions regarding the internal market and the free competition should apply to this sector. Although the European Union does not have a direct competence to intervene, these rules influences the way professional sport is organized in Europe and its commercial relationship with the media. Indeed, the European law directly affects sports rights selling and acquisition.
However, to a certain extent, the specific characteristics of sport have been taken into account by the European Institutions when they had to deal with cases relating to sport. Indeed, even though professional sport is an industry, it is not an industry like any other.
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