November 17 officially comes into force provision introduced by the FIM - Europe prohibits competing in the European Championships competitors who are regular participants at Grand Prix. Therefore, the company One Sport has released an official statement which clearly underlines the inconsistency of this record with European law.
"As a result of the decisions that can be made this weekend, about banning the riders of FIM Speedway Grand Prix from start in Speedway European Championships, we want to once again openly protest and point out the illegality of this idea. The adoption of the challenged decision could be particularly incompatible with EU competition law.
Lawyers of One Sport are ready to take immediate action, both in terms of investigation regarding the repair damages made to our company, including lost profits, as well as to inhibit the monopolistic practices, the violation of which FIM-Europe and the FIM members are dangerously approaching. Explicit and obvious violation of applicable competition law in Europe will meet with very onerous consequences for the authors.
At the present stage of development of the European Union, the competition law is a fundamental tool to work against abuses in the sports associations in Europe. With no controversy, it is common today to say that sports associations are considered as the undertakings or associations of undertakings, which are provided for in article 101 of the Treaty on the Functioning of the European Union (ban on abuse of a dominant position).
The interference of EU competition law in the activities of sports associations is no novelty - there have been many high-profile cases in recent years, and the subjects which have committed violations, suffered severe consequences. Major interest was especially so called 'Bosman case', which led to a total redesign of the operation of football clubs in Europe. The European Commission also intervened on the anti-competitive practices by the FIA - the International Automobile Federation. FIA was forced to remove the requirement for the owners of racetracks, which required from them to skip organizing different than Formula 1 competitions on the same tracks.
Planned FIM-Europe decision regarding the European Championship series, will mean a serious breach of EU competition law. There is already a well-established case law of the Court of Justice of the European Union, according to which the attempt to push out of the market a new, highly efficient product (Speedway European Championships) by the dominant subject (FIM-Europe and FIM) in a manner different than the so-called competition on the merits, is contrary to competition law. As an example, one can identify at least for a line of reasoning that went to settlement in cases of Microsoft.
EU competition law has an efficient and effective system of enforcement. Ultimately, the Commission should not have any problems with ordering his FIM Europe to remove illegal provisions and regulations. It may also impose giant and sever financial fines. What is more important, is the fact that if the FIM-Europe would not be able to pay the fines, those liabilities will lay on the commited members of the organization, which means – the national federations associated in FIM-Europe.
We will not hesitate to use all available means, to oppose the illegal and harmful practices against the interests of the riders and our company. We deeply believe, that such decisions are contrary to the law and it is only an attempt to suppress the development of a competitor of the FIM Speedway Grand Prix series.
We believe that the right is on our side. All kinds of artificial and unreconciled decisions not agreed with the promoters and limiting the product we are building, are open and obvious violation of competition law. Once again, we would like to underline that competition law has an efficient system of law enforcement and confirmed judgement standards in similar cases. It is obvious, that due to such practices, FIM-Europe can only lose in a longterm perspective.
Nevertheless, we declare the willingness and openness to talk about the FIM & FIM-Europe vision of Speedway European Championships in the coming years, starting from season 2015. We hope that together we can come to an agreement and find a compromise satisfying all, however, opennes and sincerity in the talks, are required for such dialogue.
We categorically do not agree with the public and open violation of our rights, as the holders of a valid contract to organise the competition for the title of Individual European Champion. We also do not agree to limit the riders' rights to their performed profession on the are of EU. We disagree with such unfair 'game', which will effect mostly with the loss of speedway as a sport and the fans who follow it.
We call for a common sense, good will and decision-making in accordance with the compulsory law, to avoid any unnecessary disputes and conflicts."
Jan Konikiewicz
Karol Lejman
ONE SPORT
