The Bundeskartellamt has communicated its preliminary assessment of the 50+1 rule to the Deutsche Fußball Liga (DFL) and relevant football clubs and investors. While the authority does not fundamentally oppose the rule, it emphasizes the need for DFL to enhance legal certainty in its application.

Andreas Mundt, President of the Bundeskartellamt, stated that DFL must ensure equal competition conditions and apply the 50+1 rule consistently. Key recommendations include providing open access to club membership for fans, ensuring adherence to the rule in DFL's voting processes, and revising proposed changes to benefactor exemptions in light of recent European Court of Justice rulings.

The authority's investigation revealed that DFL's licensing practices do not guarantee equal membership opportunities for fans across Bundesliga and Bundesliga 2 clubs. This inconsistency undermines the rule's objective of maintaining the club character of the sport, which is essential for its exemption from competition law.

Furthermore, the Bundeskartellamt found that DFL did not apply the 50+1 rule uniformly during a recent voting process regarding media revenue participation. The lack of verification in the voting process raises questions about the rule's compliance with competition law.

Regarding benefactor exemptions, the Bundeskartellamt supports DFL's proposals to eliminate these exemptions to ensure fair competition. However, it cautions that the current proposals may not adequately protect clubs already granted exemptions, such as Bayer Leverkusen and VfL Wolfsburg. The authority stresses that all clubs must operate under the same competitive conditions moving forward.

Overall, the Bundeskartellamt believes that the 50+1 rule serves the public interest by allowing fan participation, but improvements are necessary. The authority encourages DFL to discuss these recommendations within its committees and considers a longer transition period for implementing changes due to the rule's commercial significance.