The Spanish competition authority (“CNMC”) has recently issued four legal opinions examining the proposed terms and conditions put forward by the Royal Spanish Football Federation (“RFEF”) for the commercialisation of audiovisual rights of various football competitions. The scope of the analysis includes broadcasting rights for the Men’s Spanish Super Cup, the Primera RFEF (third-tier football league), and the Men’s Futsal First Division, covering the 2025/26, 2026/27, and 2027/28 seasons. The proposals relate to domestic broadcasting within Spain and Andorra, as well as European and international rights of the Primera RFEF.

These opinions (INF/CNMC/105/25, INF/CNMC/106/25, INF/CNMC/107/25 and INF/CNMC/108/25) are part of the regulatory oversight required under Spanish Royal Decree-Law Law 5/2015, which governs the centralised sales system of audiovisual rights in professional football competitions in Spain. This regulation mandates that operators authorised to market these rights must request a legal report from the CNMC on the proposed trading conditions, aiming to ensure that commercialisation does not distort competition or confer undue market advantages. 

Upon review, the CNMC has concluded that certain aspects of the commercialisation framework proposed by the RFEF do not fully comply with the principles and requirements set forth in Royal Decree-Law 5/2015, particularly those related to competition, transparency, and non-discrimination in the tendering procedures. 

Accordingly, the CNMC has issued some recommendations to amend the proposals in order to ensure compliance with such legal provisions:

1. Tender Structure: The use of a multi-lot tendering model is recommended to encourage participation from a broader range of market operators.
2. Award criteria: Evaluation criteria must be clearly defined and based on objective parameters to ensure a competitive and transparent tendering procedure. Discretionary or ambiguous requirements can pose unjustified entry barriers and deter competitive bidding.
3. Limitation of scope: The RFEF must limit its role strictly to the joint commercialisation of audiovisual rights as authorised by law. It must refrain from acting as a content producer or from claiming commercial rights beyond the actual match broadcasts (e.g. additional time slots or advertising inventory).
4. Legal certainty regarding the rights offered: The documentation must clearly define the scope and nature of the rights on offer, especially for competitions such as the Primera RFEF, where there is a lingering uncertainty regarding format and structure.
5. Advertising and promotional restrictions: Any restrictions that unduly constrain the successful bidder’s commercial autonomy or ability to monetise the rights must be eliminated, as they conflict with the principle of freedom to conduct a business.

This is not the first time that the CNMC has rejected RFEF's proposals to commercialise the audiovisual broadcasting rights of football competitions in Spain due to non-compliance with the requirements of Royal Decree Law 5/2015. In fact, these reports underscore CNMC's consistent application of competition rules to the broadcasting sector, continuing a line of reasoning observed in prior assessments of both LaLiga and RFEF tender proposals (please refer to our previous updates of November 2021 and May 2022).

In any case, the CNMC’s reports highlight the importance of regulatory scrutiny in sports broadcasting, especially when sport governing bodies also play a commercial role. This also reinforces a broader trend seen across the EU competition landscape - that sports organisations must strike a careful balance between organising competitions and enabling fair market access for audiovisual operators. This includes close monitoring of joint selling mechanisms and licensing frameworks to avoid exclusionary effects, particularly as media convergence and digital platforms continue to reshape consumer demand and market dynamics.

If you need more information or further guidance in this area, please contact Candela Sotés.

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