C-124/21, International Skating Union (ISU)

1. Facts: 

◦ A private company organised a new speed skating event in Dubai, which was not authorised by the International Skating Union (ISU). The ISU had rules preventing athletes from participating in unauthorised events and imposed severe sanctions, including lifetime bans.

2. Outcome: 

◦ The General Court ruled that the ISU's rules infringed EU competition law by restricting athlete participation and imposing disproportionate sanctions. The ISU's appeal to the CJEU was also upheld, with the Court finding that the ISU’s rules constituted an infringement of EU competition law.

3. Impact and Analysis:

▪ Economic Activity: The CJEU affirmed that the ISU's regulatory framework constituted an economic activity and thus fell within the scope of EU competition law.

▪ Judicial Review: The case emphasised that even private sports governing bodies are subject to judicial review under EU law, especially when their regulations impact competition.

▪ Scope of Meca-Medina: The Court’s decision clarified the scope of the Meca-Medina ruling, distinguishing between infringements "by object" (inherently restrictive, like price-fixing) and those "by effect" (which must be assessed based on actual market impact). The ISU's rules were found to infringe EU law by object, which is a more severe category of infringement compared to by effect.