German football's 50+1 rule deemed permissible, league urged to refine it

Germany's Federal Cartel Office has closed its eight-year investigation into the 50+1 rule, a cornerstone of German football governance. The authority found no fundamental antitrust objections to the rule, which largely prevents investors from gaining a majority stake in professional football clubs. However, the league must now implement improvements to ensure the rule's consistent and legally sound application moving forward.

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It is a significant step that the Federal Cartel Office in its final assessment raises no fundamental concerns about the rule.

The cartel office identified three key areas requiring adjustments. President Andreas Mundt emphasized that for the 50+1 rule's core objective, broad fan participation, to be met, leagues must ensure fan involvement and open access to club memberships. This is seen as a directive for clubs like RB Leipzig to broaden their membership base beyond a small, select group.

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It is now necessary to find solutions within the league association with all 36 clubs of the Bundesliga and 2. Bundesliga.

Furthermore, the office indicated a need for further refinement regarding the exceptions for long-standing "works clubs" like Bayer Leverkusen and VfL Wolfsburg. While the German Football League (DFL) and the cartel office had previously agreed on modifications, the authority still sees room for improvement in ensuring that the parent clubs of these exceptions remain open to new members, maintaining a comparable level of member influence.

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The league must ensure fan participation and open access to club memberships.

Ligapräsident Hans-Joachim Watzke acknowledged the cartel office's decision as a significant step, stating that the league must now collaborate with all 36 clubs in the Bundesliga and 2. Bundesliga to find solutions. The DFL expressed its readiness for constructive dialogue and finding ways forward.

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We see further need for improvement in the planned new regulation of grandfathering for the previous sponsor clubs.