Figueirense has turned to the courts to break away from the FFU, basing its request on a Cade decision that points to anti-competitive practices by the entity.
The landscape of football leagues in Brazil has entered a new chapter with the lawsuit filed by Figueirense Futebol Clube SAF. This Friday, the club filed a preliminary injunction request—a pre-arbitration measure—seeking to guarantee its right to withdraw from the FFU (Futebol Forte União), formerly known as Liga Forte União do Futebol Brasileiro. The case was sent to the 3rd Business and Arbitration-Related Disputes Court in São Paulo, marking a significant step in the battle for freedom of association among clubs.
Figueirense‘s initiative is particularly notable as it is founded on a preliminary analysis by the Administrative Council for Economic Defense (Cade). The federal agency identified potential barriers to the free movement of clubs between different associative arrangements, such as the FFU and Libra, which adds weight and urgency to the club’s legal claim.
Figueirense’s Legal Battle
The action taken by Figueirense aims to ensure that the FFU does not impose undue barriers or requirements not provided by law for its departure. Choosing the judicial route as a pre-arbitration measure is justified because the FFU bylaws mandate conflict resolution through arbitration at the CAM-CCBC. However, since the arbitration tribunal has not yet been constituted, recourse to the judiciary is necessary to obtain an urgent measure to protect the club’s interests.
FFU Exit Conditions Challenged
In its petition, the club argues that the FFU bylaws condition member participation on mandatory integration into the Condomínio Forte União, the structure responsible for the collective exploitation of broadcasting rights and other commercial assets. Although the bylaws mention the possibility of voluntary exit, they lack procedures, deadlines, or objective criteria for disaffiliation, which, according to Figueirense, leaves room for the association to create obstacles.
The Decisive Role of Cade
The core of Figueirense‘s argument is a technical note and a ruling from the General Superintendence of Cade, issued following a procedure initiated by a complaint from CSA (Centro Sportivo Alagoano). The preliminary analysis by Cade raised serious concerns regarding competition, indicating that the rules of Condomínio Forte União could hinder clubs from leaving the FFU and joining competing leagues, such as Libra.
For the agency, the coexistence of different leagues assumes that clubs can freely choose the associative arrangement that best suits their interests, without artificial barriers to migration.
Preventive Measure and Fine Imposed
Based on its findings, the General Superintendence of Cade issued a preventive measure instructing the FFU to refrain from creating obstacles to the departure of clubs from the Condomínio Forte União until the case analysis is concluded. In the event of non-compliance, the FFU is subject to a daily fine of R$ 250,000. Cade, however, emphasized that the withdrawal does not automatically nullify the patrimonial and financial obligations already assumed by the clubs.
Impact for the Club
Figueirense maintains that the antitrust authority’s statement reinforces the urgency of its legal measure by indicating that the current structure of the FFU may have anti-competitive characteristics. The club stresses that the compulsory link to the entity restricts its freedom of negotiation and its ability to join another league in the future, thereby seeking more autonomy in its strategic decisions.
Figueirense’s Requests to the Court
In the preliminary injunction, Figueirense requests that the court order the FFU to: refrain from imposing obstacles to any disaffiliation request; avoid conduct that restricts the club’s freedom of movement between professional football associations; and adhere to the guidelines already established by Cade regarding the freedom for clubs to exit. The merits of the case will be subsequently submitted to arbitration.
The action brought by Figueirense sheds light on the complex relationship between clubs and leagues in Brazilian football, with Cade‘s intervention signaling a possible precedent for future developments. The outcome of this dispute could shape the future of club associations, ensuring greater flexibility and competition among entities. The progress of the case will be closely monitored by the M360 Team, who are attentive to the impacts on the national sports scene.
M360 Team
