FAPL v Pub landlords: a game of two halves?

  • Oct 2011
  • Client publication/article

On 4 October 2011, the Grand Chamber of the European Court of Justice delivered its judgment in the joined cases of FA Premier League v QC Leisure and others and Murphy v Media Protection Services, both of which concerned the marketing and use in the UK of satellite TV decoding devices which give access to FA Premier League football matches broadcast by a Greek satellite broadcaster.

This article discusses the ECJ’s decision and its likely implications on the licensing of sports broadcasting rights in Europe and beyond. In particular, it  looks at the following:

  • The Competition Law Angle - Is this decision a resounding victory for Competition lawyers and proponents of the single European market for goods and services?
  • An Intellectual Property Commentary - Can copyright subsist in a football match? Can the FA Premier League use its copyright to prevent Pub Landlords from showing games in public irrespective of this judgement?
  • A View from the Sports Law Bench - Will this judgement fundamentally change the way in which the FA Premier League sells its broadcasting rights? Is this the end of the £200,000-a-week footballer?
 
 

Contacts

 

Rob Sumroy (partner), Philippe Chappatte (partner), Andrew Jolly (partner), Brett Sherrard (associate), Paul Walter (associate), Sheryl Jermyn (associate), Tom Try (associate)

 
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