The Bundeskartellamt, Germany's competition authority, has communicated its preliminary legal assessment regarding the 50+1 rule, which governs club ownership in German football. The authority does not have fundamental objections to the rule, recognizing its aim to promote club identity and member participation as justifiable exceptions to antitrust prohibitions. However, it has identified areas where the DFL must improve to ensure a legally secure application of the rule.

Andreas Mundt, President of the Bundeskartellamt, emphasized the need for the DFL to create uniform competitive conditions by applying the 50+1 rule consistently and without discrimination across all Bundesliga and 2. Bundesliga clubs. Key recommendations include ensuring open membership access for fans, adhering to the rule in DFL's own voting processes, and revising the protection rules for former 'support clubs' in light of recent European Court of Justice rulings.

The Bundeskartellamt has provided recommendations and a preliminary legal assessment to the DFL and involved parties, who now have the opportunity to respond. The authority plans to finalize its recommendations and conclude the proceedings thereafter. Mundt clarified that the DFL approached the authority for guidance on this complex sports antitrust issue, and the implementation details will ultimately be at the DFL's discretion.

Recent rulings from the European Court of Justice regarding sports antitrust law have prompted the Bundeskartellamt to evaluate the implications for the 50+1 rule. The authority concluded that the rule does not intentionally restrict competition, but the DFL's licensing practices need closer scrutiny to ensure compliance with the rule's objectives.

Investigations revealed that the DFL has not consistently ensured that all clubs in the Bundesliga and 2. Bundesliga provide fans with the opportunity to become voting members. A stringent enforcement of accessibility is necessary for the 50+1 rule to fulfill its purpose of club identity, which can exempt it from antitrust law.

Additionally, the DFL's voting practices regarding investor participation in media revenues were found to lack consistent application of the 50+1 rule. The authority noted that the DFL failed to verify compliance with the rule during a recent vote, raising questions about the rule's exception from antitrust law.

Proposals to eliminate the support exception from the 50+1 rule are seen as a step towards ensuring a legally secure application of the rule. However, the authority indicated that a permanent protection for clubs that previously received a support exception may no longer be feasible under current European jurisprudence. All clubs must be subject to homogeneous competitive conditions moving forward.