Kartellrechtliche Zulässigkeit von Superligen im Fußball

2021 ◽  
Author(s):  
Dennis Cukurov

The creation of a European football super league is becoming more and more likely. Some top clubs want to introduce such a league without involving the UEFA. The UEFA wants to prevent this in order to keep its tournaments free of competition. This conflict of interest is an example of the more general tension between competition law and sport. The author examines not only UEFA’s prevention measures, but also possible cooperation between the clubs. Among other things, he addresses two topics that have been insufficiently discussed so far, the concept of legitimate objective within the meaning of the so-called Meca-Medina test and the competitive balance before and after the creation of a super league, and argues for the implementation of a “more Europe” approach in European football.

2019 ◽  
Vol 9 (2) ◽  
pp. 118-133 ◽  
Author(s):  
Daniel Plumley ◽  
Girish Mohan Ramchandani ◽  
Robert Wilson

Purpose The purpose of this paper is to examine competitive balance in European football leagues before and after the inception of Financial Fair Play (FFP) regulations by Union of European Football Associations in 2011, designed to bring about financial stability and improve competitive balance in the European game. Design/methodology/approach The research focuses on the top division football leagues in England (English Premier League), Germany (Bundesliga), France (Ligue 1), Italy (Serie A) and Spain (La Liga). The paper is organised into two distinct time periods: pre-FFP, comprising the six seasons between 2005/2006 and 2010/2011; and post-FFP, comprising the six seasons between 2011/2012 and 2016/2017. The paper uses recognised measures of concentration and dominance to measure competitive balance. Findings The results show a statistically significant decline in competitive balance post-FFP for leagues in Spain, Germany and France but not for England and Italy. Furthermore, the results report significantly higher levels of concentration and dominance by a select number of clubs in Germany. Originality/value The paper is one of the first to analyse competitive balance in this way both pre- and post-FFP. Whilst the paper cannot demonstrate a causal link between FFP and competitive balance, there are strong indications that competitive balance has been adversely affected (for some leagues) since the regulations have been imposed. To that end, the paper argues that FFP has had “unintended consequences” in respect of competitive balance.


Author(s):  
Ulrik Wagner ◽  
Rasmus K. Storm ◽  
Kenneth Cortsen

Recently, 12 European football clubs launched the idea of creating the European Super League. After massive protests from fans, the Union of European Football Associations, politicians, coaches, and players, the initiative was stopped. In this commentary, the authors reflect on some of the problems facing football and argue that the creation of a European Super League is not a solution to the challenges. However, European football does face problems that require actions, and thus the authors provide some suggestions to progress.


1984 ◽  
Vol 23 (04) ◽  
pp. 209-213
Author(s):  
B. J. Northover

SummaryAnalysis of electrocardiograms tape-recorded from patients admitted to hospital with acute myocardial infarction revealed that the pattern of ventricular extrasystolic activity was not significantly different among those who subsequently developed ventricular fibrillation and those who did not. Episodes of ventricular fibrillation occurred predominantly within 4 hours from the start of infarction. Patients were 3 times less likely to survive an episode of ventricular fibrillation if they also had left ventricular failure than if this feature was absent. Management of episodes of ventricular fibrillation was compared in patients before and after the creation of a specially staffed and equipped coronary care unit. The success of electric shock as a treatment for ventricular fibrillation was similar before and after the creation of the coronary care unit. An attempt was made to determine which features in the management of ventricular fibrillation in this and in previously published series were associated with patient survival.


Author(s):  
Elad Keren ◽  
Abraham Borer ◽  
Lior Nesher ◽  
Tali Shafat ◽  
Rivka Yosipovich ◽  
...  

Abstract Objective: To determine whether a multifaceted approach effectively influenced antibiotic use in an orthopedics department. Design: Retrospective cohort study comparing the readmission rate and antibiotic use before and after an intervention. Setting: A 1,000-bed, tertiary-care, university hospital. Patients: Adult patients admitted to the orthopedics department between January 2015 and December 2018. Methods: During the preintervention period (2015–2016), 1 general orthopedic department was in operation. In the postintervention period (2017–2018), 2 separate departments were created: one designated for elective “clean” surgeries and another that included a “complicated wound” unit. A multifaceted strategy including infection prevention measures and introducing antibiotic stewardship practices was implemented. Admission rates, hand hygiene practice compliance, surgical site infections, and antibiotic treatment before versus after the intervention were analyzed. Results: The number of admissions and hospitalization days in the 2 periods did not change. Seven-day readmissions per annual quarter decreased significantly from the preintervention period (median, 7 days; interquartile range [IQR], 6–9) to the postintervention period (median, 4 days; IQR, 2–7; P = .038). Hand hygiene compliance increased and surgical site infections decreased in the postintervention period. Although total antibiotic use was not reduced, there was a significant change in the breakdown of the different antibiotic classes used before and after the intervention: increased use of narrow-spectrum β-lactams (P < .001) and decreased use of β-lactamase inhibitors (P < .001), third-generation cephalosporins (P = .044), and clindamycin (P < .001). Conclusions: Restructuring the orthopedics department facilitated better infection prevention measures accompanied by antibiotic stewardship implementation, resulting in a decreased use of broad-spectrum antibiotics and a significant reduction in readmission rates.


2021 ◽  
Author(s):  
◽  
Roald Egbert Harro Bomans

<p>Introduced mammalian predators, namely possums, stoats and rats, are the leading cause of decline in native avifauna in New Zealand. The control of these species is essential to the persistence of native birds. A major component of mammal control in New Zealand is carried out through the aerial distribution of the toxin sodium monofluoroacetate (otherwise known as 1080). The use of this toxin, however, is subject to significant public debate. Many opponents of its use claim that forests will ‘fall silent’ following aerial operations, and that this is evidence of negative impacts on native bird communities. With the continued and likely increased use of this poison, monitoring the outcomes of such pest control operations is necessary to both address these concerns and inform conservation practice. The recent growth in autonomous recording units (ARUs) provides novel opportunities to conduct monitoring using bioacoustics. This thesis used bioacoustic techniques to monitor native bird species over three independent aerial 1080 operations in the Aorangi and Rimutaka Ranges of New Zealand.  In Chapter 2, diurnal bird species were monitored for 10-12 weeks over two independent operations in treatment and non-treatment areas. At the community level, relative to non-treatment areas, the amount of birdsong recorded did not decrease significantly in treatment areas across either of the operations monitored. At the species level, one species, the introduced chaffinch (Fringilla coelebs), showed a significant decline in the prevalence of its calls in the treatment areas relative to non-treatment areas. This was observed over one of the two operations monitored. Collectively, these results suggest that diurnal native avifaunal communities do not ‘fall silent’ following aerial 1080 operations.  The quantity of data produced by ARUs can demand labour-intensive manual analysis. Extracting data from recordings using automated detectors is a potential solution to this issue. The creation of such detectors, however, can be subjective, iterative, and time-consuming. In Chapter 3, a process for developing a parsimonious, template-based detector in an efficient, objective manner was developed. Applied to the creation of a detector for morepork (Ninox novaeseelandiae) calls, the method was highly successful as a directed means to achieve parsimony. An initial pool of 187 potential templates was reduced to 42 candidate templates. These were further refined to a 10-template detector capable of making 98.89% of the detections possible with all 42 templates in approximately a quarter of the processing time for the dataset tested. The detector developed had a high precision (0.939) and moderate sensitivity (0.399) with novel recordings, developed for the minimisation of false-positive errors in unsupervised monitoring of broad-scale population trends.  In Chapter 4, this detector was applied to the short-term 10-12 week monitoring of morepork in treatment and non-treatment areas around three independent aerial 1080 operations; and to longer-term four year monitoring in two study areas, one receiving no 1080 treatment, and one receiving two 1080 treatments throughout monitoring. Morepork showed no significant difference in trends of calling prevalence across the three independent operations monitored. Longer-term, a significant quadratic effect of time since 1080 treatment was found, with calling prevalences predicted to increase for 3.5 years following treatment. Collectively, these results suggest a positive effect of aerial 1080 treatment on morepork populations in the lower North Island, and build on the small amount of existing literature regarding the short- and long-term response of this species to aerial 1080 operations.</p>


2021 ◽  
Author(s):  
Aleksa Nikolić ◽  

From the creation until the adoption of the Constitution of 1921 (the so-called Vidovdan Constitution), the Kingdom of Serbs, Croats and Slovenes wandered aimlessly in the constitutional provisional for almost three years. The Vidovdan Constitution finally established some kind of legal organization of the newly formed state. However, the subject of this paper will not be the analysis of social and political circumstances before and after the adoption of the Vidovdan Constitution, but the author will analyze different views on the Vidovdan Constitution from the pens of the most important Serbian, Croatian and Slovenian constitutional lawyers. In that way, through a comprehensive comparative legal analysis, a big step will be made towards shedding light on all the problems that burdened the newly formed kingdom from the start, and which were a stumbling block in building stable relations between Serbs, Croats and Slovenes. Based on the analysis of the mentioned different points of view on the Vidovdan Constitution, the author will point out the most controversial elements of the biggest names in the constitutional law of Serbia, Croatia and Slovenia and report certain conclusions about the nature and character of the Vidovdan Constitution.


Author(s):  
Fatma Arvas

In order to sustain their presence in the market, personal data acquirers must obtain, store, and process personal data from sources that feed data such as social media shares, shopping records, and sensor networks. On the other hand, the problem of conformity of real and legal persons whose personal data are processed within the framework of personal data law brings about many legal problems and requires a profound research rather than a limited examination. The fact that a small number of enterprises create dominant power by using big data in market strategy has led to data-dependent companies or markets. Due to the effects that big data caused in the market, there is a need to address many problems in the field of competition law as well as the dimension of privacy and personal rights. In this context, the conflict of interest between the economic interest created by big data and the legal principles of personal data will be addressed and compared with regard to Turkish law and foreign law practices by discussing the relationship between big data and competition law.


Author(s):  
Wijckmans Frank ◽  
Tuytschaever Filip

This chapter explains the term ‘vertical agreements’ and what it covers. It addresses a number of general issues that are relevant to the EU competition law treatment of vertical agreements in general. It describes the implementation and the (public and private) enforcement of Article 101 TFEU before and after the entry into force of Regulation 1/2003. The chapter provides the historical background of both Regulation 330/2010 and Regulation 461/2010. In particular, it devotes specific attention to the nature and legal and practical consequences of soft EU competition law (in the form of notices, guidelines, etc) as opposed to hard EU competition law (provisions of primary and secondary EU law).


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