Bundeskartellamt Concludes Review of 50+1 Rule Compliance

The Bundeskartellamt has concluded its evaluation, affirming that the so-called 50+1 rule remains compliant with antitrust laws, provided it is applied consistently across all clubs without unjustified differences. This review, completed in August 2026, involved informing the Deutsche Fußball Liga (DFL) and related stakeholders about the legal assessment. The rule aims to preserve clubs’ identities and member participation, justifying its exemption from competitive restrictions. Andreas Mundt, President of the Bundeskartellamt, stated, "Our antitrust assessment fundamentally remains the same: the 50+1 rule can be justified by club identity and member participation, given that it's applied consistently without exceptions."

Consistent Application of the 50+1 Rule

The rule's effectiveness relies on equal access to membership across all Bundesliga levels, ensuring fan participation. Recent findings show inconsistencies in how the DFL ensures this among clubs in the Bundesliga and 2. Bundesliga. To maintain legal compliance, the DFL must uniformly apply these principles across their operational policies.

Improving Voting Practices

The investigation found discrepancies during votes on investor involvement in media revenues in December 2023. For instance, the mother club of Hannover 96 instructed against participation, yet enforcement of this directive by the DFL was not consistent. The inconsistency in rule application undermines the legal exception for the 50+1 rule.

Addressing Sponsorship Exceptions

Current proposals to eliminate sponsorship exceptions would create better uniformity, eliminating disparities between regular clubs and those with exceptions. Nevertheless, the European Court of Justice (ECJ) stresses that truly comparable conditions must be established, which means ensuring that all clubs, including those previously exempt, operate under similar competitive circumstances.

No Rule Prohibition Planned

Applying the 50+1 rule broadly provides public participation in professional football across Germany. Thus, the Bundeskartellamt sees no reason to prohibit its application. Prohibition could eliminate current participatory opportunities, opening Bundesliga clubs entirely to investors, which lacks public interest support. Instead, the Bundeskartellamt emphasizes guiding the DFL on how to ensure legal compliance in the rule's application, leaving the implementation responsibility to the DFL itself.

The document's legal evaluations indicate the framework within which the 50+1 rule can be validly implemented according to antitrust law. While there are no mandates for specific adaptations, the DFL must decide how to incorporate these insights into their statutes and practices.

For more information regarding the procedural conclusion, the Bundeskartellamt's documentation can be accessed here.