This thesis focuses on legal issues of the dispute in field of basketball, where organizations FIBA and ECA, which runs the Euroleague, are fighting over the appropriate format in which basketball is organized. With their actions both parties are restricting the competition through abuse of dominant position and are in conflict with fundamental internal market freedoms. Theoretical part of the thesis gives us an insight on important institutions for better understanding of the dispute and the background of it. Taking in consideration the case law from European Court of Justice, thesis places sports within the EU law system and implies to infringement of rules on free movement of services. Thesis also shows some cases of abuse of dominant position as one of the means of violation of competition law, where European model of sport is set as a basis. In its closure it brings us to the conclusion that practice of sport is subject to internal market and competition rules only as far as it constitutes an economic activity.
|