Misjudging the Football Transfer System - Neglecting Consumer Competition and Fans in the Bosman and Diarra Cases

Abstract

In 1995, the Bosman ruling put an end to transfer fees for out-of-contract players. This year, the Court of Justice of the EU (CJEU) is dealing with the Diarra case, which concerns players still under contract. The Advocate General has already given the Opinion, which suggests that the upcoming CJEU's ruling will further weaken the transfer system. I argue that both rulings focus too much on the labour market and the freedom of movement of workers and neglect the fact that the football transfer system enhances competition in consumer markets at the benefit of smaller clubs and the football fans.

Keywords

• Bosman
• CJEU
• Competition
• Diarra
• EU
• Transfer rules