Skating Federation Runs Afoul of European Antitrust Rules

The European Commission has informed the International Skating Union (ISU) that some of its penalty rules are in breach of European Union antitrust rules in a development that could have a ripple affect to other sports.

The ISU has put into place eligibility rules severely penalizing skaters who compete at non-ISU-approved events. Per the European Commission press release, skaters who participate in unapproved events can be banned from the Olympics or World Championships.

But the Commission says these rules “restrict the athletes’ commercial freedom unduly and result in a situation where they are not willing to participate in skating events other than those organised by the ISU or its members (national federations). This prevents new entrants from organising alternative international speed skating events because they are unable to attract top athletes.”

The ISU governs figure skating and speed-skating in the same way FINA governs aquatic sports internationally.

So why is a story about skating featured on a swimming news website? Because the broader impact of the EU’s stance would likely prevent FINA or national swimming federations from proposing similar rules.

FINA has come under fire for multiple reasons over the past few years, but one major sticking point has revolved around hosting bids for major events, which some say have begun to require exorbitant costs and rely on “a ruling elite” that can make unilateral decisions to over-bid for events, essentially locking out democratic nations from hosting major swimming events.

One response has been to suggest a rival swimming federation to keep FINA honest. As of now, some swimming figures are in the process of creating the World Swimming Association (WSA) to sanction and host major swimming events in a way it calls more “athlete-centered.”

The situation in skating would be comparable to FINA banning from competition any athlete who competed at a WSA meet, meaning the fledgling rival federation would struggle to attract big-name talent to boost its profile.

The EU’s announcement about antitrust law suggests that such rules are in conflict with EU law. The EU’s “statement of objections” is an early step in an investigative process that will look more fully into whether EU law has officially been violated, and also serves as a warning shot to the skating federation that a formal investigation and potential punishment could follow if the ISU continues to enforce these rules.