Jumping / Dressage
CSI |
After the successful launch of the new Global Champions
League (GCL), the Brussels Court of Appeal (Court) upheld the decision of the
Belgian Competition Authority (BCA) granting interim relief to allow riders and
horses to participate in the GCL series without incurring a suspension by the
FEI (International Equestrian Federation). This is the third ruling in favour of
the new GCL team competition.
The first three legs of the innovative new format have been publicly praised by
the world’s top athletes and enthusiastically received by spectators at the GCL
events in Miami Beach, Mexico City and Antwerp. Senior officials have already
applauded the new concept describing the initiative as a positive new dimension
and good for show jumping.
Yesterday, the Court ruled that the FEI must pay particular attention to the
conflict of interest between its regulatory powers and its commercial
activities. The FEI can influence competition only to the extent that this is
strictly justified by and proportionate to the pursuit of fundamental objectives
such as horse welfare and the integrity of competition. In its judgement, the
Court ruled that a regulatory body “which is also engaged in commercial
activities must pay particular attention to the situation of conflict of
interest in which it finds itself and make sure to influence competition only to
an extent which is strictly justified by the pursuit of fundamental sports
values”.
The Court confirmed the preliminary assessment of the BCA that the FEI would
breach competition law when using its exclusivity clause to suspend riders and
horses participating in the GCL because, according to the Court, the GCL is
clearly committed to respecting the fundamental values of horse welfare and the
integrity of competition.
In its decision, the Court observed: “It is manifestly not justified for the
FEI to apply the exclusivity clause to participation in the GCL.”
The Court’s judgment relies on long-standing case law that obliges sports
governing bodies such as the FEI to separate their regulatory powers from their
commercial activities, and prohibits them from using their regulatory powers to
advance their own commercial interests to the detriment of independent
organizers.
Several independent organizers and athletes have introduced complaints similar
to that of the GCL against the FEI before the relevant competition authorities
to make sure that the sports governing bodies respect these fundamental
principles of proportionality and fair competition.
Following the judgment, riders and horses participating in the GCL continue to
be protected by the interim measures granted by the BCA. GCL will continue to
pursue its underlying complaint against the FEI with the BCA.
Background
In June of 2015, GCL complained to the BCA that the FEI abuses its regulatory
powers as the sport’s governing body to protect FEI-promoted commercial events
against competition from independent organizers. The FEI does so by way of a
recently introduced exclusivity clause, suspending riders, horses and officials
from participating in FEI-promoted events if they participate in events not
approved by the FEI.
Because the FEI held GCL, riders, horses and officials hostage by refusing to
approve the GCL, which would take place at all 15 events of the long-established
and hugely successful Global Champions Tour (GCT), GCL requested the BCA to
suspend the exclusivity clause.
In July of 2015, the BCA agreed with GCL that a preliminary assessment confirms
that the FEI exclusivity clause breaches competition law and granted interim
relief to GCL, thus effectively giving the go ahead for GCL to launch in 2016
with riders and horses under the protection of interim measures.
In August of 2015, the FEI introduced an appeal before the Court against the
decision of the BCA, asking for the suspension of the interim measures and for
their annulment.
In October of 2015, the Court rejected the FEI’s request for the suspension of
the interim measures and upheld the BCA decision giving riders and horses the
freedom to choose to compete in the GCL. In its judgment the Court said the FEI
had failed to demonstrate that the interim measures inflicted serious and
irreparable harm on the federation. The Court said the FEI had managed for more
than a century without the clause and failed to show why it was indispensable.
The Court stated: “Any undermining of the credibility of the FEI as the
sport's governing body is not a consequence of the [BCA] decision, but a risk to
which the FEI has exposed itself by engaging in, in addition to its governing
function, the marketing of equestrian competitions.”
Yesterday, the Court also rejected the FEI’s request for the annulment of the
interim measures. In a 40 page judgment, the Court agrees with the preliminary
conclusion of the BCA that the FEI exclusivity clause breaches competition law
in respect to the GCL.
Broad support for Global Champions League
This further positive ruling by the Court comes after the new team-based GCL
launched in spectacular style to widespread acclaim from riders and a broad
range of stakeholders in the world of show jumping.
This weekend the 4th leg of GCL series gets underway in the spectacular
destination of Shanghai, China, with 12 teams set to go into battle again. The
team competition is hugely anticipated in Shanghai where thousands of fans will
be cheering on their favourite riders, horses and teams this Sunday.
The exciting new team competition has received the backing of leading riders,
trainers, owners and sponsors and the continued participation of riders and
owners of horses sends a clear signal to the FEI that its exclusivity clause is
unacceptable from the point of view of competition law and also modern day
sport.
The world’s top riders have enthusiastically backed the GCL and the new team
competition format since its launch.
World No3 Rider Scott Brash of team Miami Glory said: “I think it is a fantastic
concept. You are bringing riders together that would never compete together and
that brings more fans. It’s great for everyone involved in the sport.”
Leading US rider Kent Farrington, also one of the Miami Glory stars, said: “I
think it is a great competition. That’s really exciting for our sport and
exciting for us all to be part of.”
Top Belgian rider Gregory Wathelet of the Paris Jets team commented: “It is good
for the sport. I think for a long time it is going to be a good thing for the
sport.”
Show jumping legend John Whitaker of team Valkenswaard United said: “It’s a
great competition and great to win the first one (Miami Beach). It’s great to be
part of it and it’s easy to follow.”
Leading rider Bertram Allen, also of Valkenswaard United, said: “It is really
exciting and nice to be part of it from the start.”
Dutch champion Maikel van der Vleuten of Monaco Aces said: “It is something new
which is good and different people and different riders get involved and that is
very good.”
Monaco Aces team rider Daniel Bluman said: “It is a fantastic League. It is
something that is really making the sport more modern, taking it to a new
level.”
The GCL season launched in April with 12 teams of international riders and
horses and already a thrilling ranking battle is underway in the ground-breaking
competition. For the first time ever in show jumping riders from different
countries are united on the same team competing for championship points and
total season prize money of €7,500,000.
GCT events are renowned for exceptional attention to the welfare of horses with
state-of-the-art veterinary equipment and round-the-clock services which are
also available at GCL competitions. Leading officials and veterinarians have
described the welfare facilities as going beyond the requirements of the FEI.
The new team competition is easy for non-equestrian fans to follow and an
exciting and colorful format for TV and other forms of broadcast, which will
help to grow the audience and safeguard the future of the sport.
HORSES OF THE WORLD
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