SPORT AND COMPETITION LAW IN THE UNITED KINGDOM: THE BRITISH BASKETBALL CASE
Background
Competition law is playing an increasingly active role in the regulation of sport at the national and the European Union levels.
An interesting and important case in point is the current litigation in the English High Court between the British Basketball Federation (BBF), Super League Basketball (SLB) and GBB League Ltd (GBBL).
BBF is the governing body of the sport in the United Kingdom, and is recognised, as such, by FIBA, the world governing body of the sport.
SLB, which was formed by nine of the leading clubs after the collapse, in 2024, of the British Basketball League (the League) operated the professional competition in 2024–25, under an interim licence granted by the BBF, with an investment of more than £15 million (around Sw.Frs. 15.8 million), to keep the League afloat.
GBBL is a United States-backed consortium, which, in March 2025, was awarded by the BBF a 15-year licence to operate the League from this year.
The legal claims and counterclaims
SLB claims that the BBF:
- has abused its dominant position under section 18 of the UK Competition Act 1998 (the Act) by refusing recognition and insisting on licensing as the only route to operate;
- has entered into an anti-competitive agreement under section 2 of the Act by granting GBBL a 15-year licence that forecloses competition; and
- that the BBF acted irrationally and unfairly.
SLB is claiming damages of more than £10 million (around Sw.Frs. 10.5 million) as well as declarations voiding the licence.
The BBF denies these claims and is arguing that licensing is essential to meet its regulatory duties and its FIBA obligations. The BBF is also counterclaiming that SLB and its clubs are themselves acting anti-competitively by boycotting the new structure.
GBBL denies any wrongdoing and claims that it competed openly and is capable of operating a sustainable League.
Legal analysis
Without wishing to prejudge, in any way, the outcome of this case, we would comment as follows:
As the sole FIBA-recognised governing body, the BBF clearly holds a dominant position in the relevant market.
The key question is whether the BBF refusal to recognise SLB and the terms of the GBBL licence can, in line with the established jurisprudence, be justified as necessary and proportionate in the circumstances of the case.
If not, this may amount to an abuse of a dominant position under section 18 of the Act.
Similarly, if the licence is found to restrict competition in its object or effect, it may contravene section 2 of the Act as a restrictive agreement.
An Important Case
Whatever happens, this case is an important one, as it raises fundamental questions about the extent to which competition law may constrain sports regulators, and whether the sport of Basketball in the UK can restore its credibility to attract long-term investors, which it badly needs.
The case is in its early stages: pleadings have been filed and case management hearings are expected to take place later in the year.
It will be interesting to see the outcome of the British Basketball case.
We advise on and represent clients in competition law cases in sport at the national and international levels and further information is available from Dr Lucien Valloni or Prof Dr Ian Blackshaw by emailing them at valloni@valloni.ch and blackshaw@valloni.ch respectively.