On 20 December 2012, the Swedish Market Court (the court) adopted a decision stating that the Swedish Automobile Sports Federation (the Federation) cannot apply its loyalty rules in the future. In May 2011, the SCA issued a decision ordering the Federation to change its loyalty rules. The rules contained a total ban on participating in races outside the Federation, for drivers and officials carrying a license from the Federation. The Authority found that the loyalty rules were far too categorical, that they limited the possibilities for independent organizers to arrange motor races in competition with the Federation’s member clubs and restricted competition in the market for organizing auto racing events. The rules therefore constituted an infringement of Article 101 TFEU and its equivalent in the Swedish Competition Act.

The Federation appealed the SCA´s decision. In December 2012, the Court reached a decision ordering the Federation not to apply the contested loyalty rules in the future. In its decision the Court took into consideration the specificity of sport, and found that the Federation’s rules had been too stringent and resulted in unjustified restrictions on competition, hindering the development of automobile sports in Sweden. Further, the Court found that activities outside the Federation can contribute to making the sport more accessible to a broader group of participants and audience.

The decision of the Court, which cannot be appealed and which enters into immediate effect, will open up the market to more diversity and the development of new forms of automobile races and hence the sport should become more accessible for both participants and spectators. It is hoped that the Court’s decision will also lead to reflection among other Swedish sport federations.

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