According to the Federal Cartel Office, the 50 1 rule should be retained in German professional football. From the principle that prevents the complete takeover of professional clubs by investors, there should be no further exemptions in the future, such as for TSG Hoffenheim, Bayer Leverkusen and VfL Wolfsburg. This was announced by the authority on Thursday.
This was preceded by a lengthy voting process because of the special rules that continue to apply to the three Bundesliga clubs. In the future, however, the trio must involve the members more and provide financial compensation.
“With the promised deletion of the possibility of exception from the statutes, our concern that the sports policy goals asserted by the DFL will be counteracted by a coexistence of clubs with and without funding exceptions,” said the President of the Federal Cartel Office, Andreas Mundt.
“It is true that the rules of antitrust law apply to professional sport and especially to sports associations. The limitation of league participation to clubs that are characterized by clubs still represents a restriction of competition that requires sports-political legitimacy. The commitments offered by the DFL overall, however, appear to be suitable for dispelling our preliminary antitrust concerns,” Mundt continued.
The association of the 36 professional clubs and the authority agreed on three key changes to the previous 50-1 rule. In future, the representation of the parent club in the committees of the corporations hived off for professional football must be ensured. In addition, individuals or companies are no longer allowed to balance their balance sheets with special payments. As a third measure, the clubs are firmly tied to their location.
In return, the three exceptions Hoffenheim, Leverkusen and Wolfsburg are granted grandfathering – there should be no more. According to the Federal Cartel Office, the DFL, the German Football Association and the other clubs and investors involved in the proceedings will be given a legal hearing before the final decision is made.
The Cartel Office had classified the 50 1 rule in 2021 as harmless in terms of sports policy, but criticized the three exceptions for TSG Hoffenheim with majority owner Dietmar Hopp and the company-controlled clubs Bayer Leverkusen and VfL Wolfsburg. Since then, the clarification process has been ongoing. Hoffenheim had recently announced that Hopp would return his majority voting right to the parent club without compensation.
