The Bundeskartellamt has largely completed its examination of the marketing model based on which Deutsche Fußball Liga (DFL) intends to sell the media rights to Bundesliga and Bundesliga 2 matches from the 2025/26 season onwards. The parties involved will now have the opportunity to comment on the Bundeskartellamt’s preliminary assessment. The authority has taken the preliminary view that it can tolerate DFL implementing the model as presented and has informed DFL accordingly.

Coverage of highlights

Andreas Mundt, President of the Bundeskartellamt: “For the upcoming sale of media rights it was important to us that users will continue to have access to prompt free-to-air coverage of the highlights in the future. This coverage ensures that football fans who are unable or unwilling to pay for live broadcasts can still follow the Bundesliga action. We have made sure that the highlights remain available on the main TV channels, not just on the internet. This means that all members of the public will be able to watch the match day highlights.”

According to the marketing model proposed by DFL for the 2025/26 to 2028/29 seasons, the live pay-TV rights to Bundesliga matches are to be auctioned off in four packages, namely (1.) the Saturday afternoon conference, (2.) individual Saturday afternoon and Friday matches, (3.) the Saturday evening top match and (4.) individual Sunday matches. Each package covers all broadcasting channels, including satellite, cable and internet. Separate packages will also be available for prompt coverage of all the Bundesliga matches’ highlights on free-to-air TV. The highlights of the Saturday 3.30 pm matches are to be shown either from 6.30 pm or 7.15 pm onwards, depending on the outcome of the bidding process. If the bid for the later time slot is successful, the buyer of the rights would also have the option to show the highlights on catch-up TV online after the programme has finished.

No-single-buyer rule

According to DFL’s plans, the marketing model no longer includes the “no-single-buyer rule”, which still applied in the two previous licensing periods. It is therefore possible for one broadcaster to acquire exclusive live rights to all Bundesliga matches. In view of the changed market conditions in the live broadcasting sector, the Bundeskartellamt can tolerate this change for the upcoming licensing period.

Andreas Mundt: “In recent years the market for live coverage of football matches has become much more dynamic due to the activities of companies such as DAZN, RTL and also Amazon. Most importantly, all providers now offer attractive internet-based broadcasting services as well. Encouraging competition for innovation in broadcasting the content was a particularly important goal of the no-single-buyer rule. This means that we can now accept DFL’s suggestion to waive the general rule that no single company may acquire the exclusive live broadcasting rights to Bundesliga matches in the upcoming auction.”

The Bundeskartellamt also considered it important that the auction’s specific structure, procedure and rules for selling the rights include essential elements of competition. In particular, the authority ensured that a wide range of interested parties, including those with fewer financial resources, have the opportunity to acquire broadcasting rights. Therefore, even though it is no longer mandatory, it is still possible for the live broadcasting rights to Bundesliga matches to be acquired by more than one purchaser.

Background

DFL’s joint selling of the media rights to the individual Bundesliga matches constitutes an agreement restricting competition. However, under German and European competition law such an agreement can be exempted from the ban on restrictive practices if it leads to certain advantages for which such a restriction of competition is indispensable. In the authority’s previous practice, as well as in relation to other national leagues and at the international level, it has been acknowledged that the joint selling of media rights by an association may involve advantages for consumers and can therefore be accepted under competition law if certain conditions are met. One advantage, for example, is that it allows broadcasters to offer high-quality league-related products. The Bundeskartellamt has therefore made the selling of media rights subject to certain conditions relating to competition.

In its judgment in the Super League case (C-333-21) the Court of Justice of the European Union also recently commented on issues relating to the joint selling of football media rights. As the judgment was handed down at a time when the authority’s proceeding was already well advanced, it was not possible to give full and proper consideration to the issues raised in this case. It remains to be seen whether the judgment will require the Bundeskartellamt to change its practice in assessing the joint selling of media rights in the future. For the authority to tolerate the upcoming sale of media rights, it was important that the rights be granted for a limited period of time, after which it will be possible to reassess the legal situation, if necessary.
The Bundeskartellamt’s letter to DFL and the marketing model will be made available on the Bundeskartellamt’s website once the proceeding has been concluded.