This case note considers joined cases C-403/08 and C-429/08 (FAPL v. Pub Landlords), in which the CJEU (Grand Chamber) dealt with the exclusive licensing system of the Football Association Premier League for the broadcasting of football matches. The exclusive licensing arrangements were found to infringe EU law on two counts. First, they restrict the freedom to provide services ex Article 56 TFEU, which cannot be justified by either the protection of copyright or the promotion of live attendance at football matches. Second, the licensing scheme infringes Article 101 TFEU as it amounts to absolute territorial protection for the individual broadcasters in their respective national markets.
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