Editor's note: Marine Montejo is a graduate from the
College of Europe in Bruges and is currently an intern at the ASSER
International Sports Law Centre.
On 14 July 2016, the
Belgian competition authority refused to grant provisional measures to the
White Star Woluwe Football Club (“The White Star”), which would have allowed it
to compete in the Belgian top football division. The club was refused a licence
to compete in the above mentioned competition first by the Licences Commission
of the national football federation (“Union Royale Belge des Sociétés de
Foootball Association” or “URBSFA”) and then by the Belgian court of
arbitration for sports (“Cour Belge d’Arbitrage pour le Sport” or “CBAS”). The
White Star lodged a complaint to the national competition authority (“NCA”) and
requested provisional measures. The
Belgian competition authority rendered a much-overlooked decision (besides one commentary) in which it seems to
accept the reviewability of an arbitral award’s conformity with EU competition
law (articles 101 and 102 TFEU). More...