TPO de lege ferenda: Improved Prohibition or Regulation?

This publication is intended to address the issue of TPO de lege ferenda. On the one hand, we wish to provide solutions to improve the current ban and, on the other hand, we make proposals for a regulation that takes into account the practical difficulties of its implementation.

Introduction

Since its entry into force on 1 May 2015, the TPO ban has been one of the thorniest issues in sports law. The doctrinal debate focused not only on the usefulness of its prohibition, its effectiveness and validity from an EU Law perspective, but it also discussed its regulation. Namely whether it would be more appropriate to regulate TPO, as it is an essential tool for clubs to increase their competitiveness. In our thesis, we analyzed both the practice of TPO from a contractual point of view but also looked at its regulatory aspects. We reviewed the advantages and disadvantages of a formal ban as we know it today and the principle of regulating TPO. More specifically, how it would be beneficial for clubs and how it would be complicated to implement.

Indeed, as it stands, we believe that the current ban is not satisfactory. Indeed, it was enacted without any other measures to meet the financial needs of clubs that had used TPO. Clubs have used...

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