Clifford Chance
Can No-Poach Agreements Be Justified? Insights from the AG Opinion on Portuguese Football
11 August 2025
In Tondela, the Advocate General (AG) took a context-driven approach to an alleged no-poach agreement between Portuguese football clubs during the Covid-19 pandemic. While such agreements are typically seen as restrictive by object under EU competition law, the AG found credible justification in the need to preserve the integrity of the disrupted season. His opinion contrasts with the ruling of the Court of Justice of the European Union (CJEU) in Diarra, where FIFA’s transfer rules were found to impose broad, unjustified restrictions on player mobility. The AG’s holistic analysis—considering impacts on clubs, consumers, and the integrity of the sport—stands in contrast to the CJEU’s more rigid, labour-focused approach in Diarra, raising questions about how the CJEU will ultimately rule in Tondela.
This article was written for and first published by LawInSport.com. The original is available at: https://www.lawinsport.com/topics/item/can-no-poach-agreements-be-justified-insights-from-the-ag-opinion-on-portuguese-football.
