Noerr secures central marketing model for the award of Bundesliga rights on behalf of the German Football League (DFL) and German League Association

Noerr successfully represented the DFL and German League Association in proceedings with the German Federal Cartel Office on the award of Bundesliga rights. The Federal Cartel Office approved the proposed marketing model for 1st and 2nd division matches starting from the 2017/18 football season, and declared the undertakings to be binding. The matches may continue to be marketed centrally by the German League Association and in the new package structure envisaged by DFL and the German League Association.

The matter was managed by the Berlin-based Noerr partner Dr Kathrin Westermann, whose expertise the DFL and the German League Association had earlier relied on in the previous antitrust proceedings for the Bundesliga rights in the 2013/14 season. The Noerr team led by Westermann advised the clients comprehensively while working closely with the Director of Audiovisual Rights at DFL, Dr Holger Blask, and his team. In addition to supporting the clients in the antitrust proceedings, the case involved advising on the structure of the marketing model and the undertakings.

The undertakings submitted to the Federal Cartel Office, which allow for a transparent and non-discriminatory award process, were the key to gaining approval for the marketing model. The Federal Cartel Office also approved the new package structure developed by DFL and the German League Association for marketing the rights to live broadcasts and free-to-air highlights coverage. Unlike four years ago, the marketing model intends the buyers of the rights to be able to use all distribution channels, rather than having separate packages for different technologies (cable/IPTV, satellite, terrestrial, web TV and mobile TV). The design of the ‘no single buyer’ rule, considered necessary by the Federal Cartel Office, was key. According to this rule, no single bidder will be able to acquire the rights to broadcast all the live Bundesliga matches. With these undertakings, DFL and the German League Association were able to dispel the authority’s concerns about competition and protect the interest of the Bundesliga in the continued central marketing of rights.

Advisors to DFL/German League Association: Noerr LLP

Dr Kathrin Westermann (lead), Dr Michael Bergmann, Pascal Schumacher (all Antitrust, Berlin)

In-house at DFL: Dr Holger Blask, Christian Frodl