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EU Competition Policy
Sector: Arts, Recreation, Education, Tourism & Sports
EU competition law applies across all sectors of the economy, including arts and culture, publishing, entertainment, gaming, education, tourism, recreation and professional sport.
Although these activities have different business models and public-interest objectives, they are all affected by the fundamental principles of the EU Single Market. Agreements between companies, mergers, dominant market positions and public funding must therefore comply with European competition rules.
The role of competition policy
Competition policy helps ensure that cultural, educational, tourism and sporting markets remain open to new operators and that consumers benefit from choice, innovation and fair prices.
EU competition rules may apply to:
The Commission may intervene where an arrangement limits market access, divides markets, restricts consumer choice or gives an operator an unjustified competitive advantage.
Arts, culture, publishing and entertainment
Competition issues in the cultural and creative sectors can arise in relation to the production, distribution and sale of books, music, films, artworks and other cultural content.
Relevant markets increasingly involve both traditional operators and digital platforms, including publishers, streaming services, online marketplaces, gaming companies and ticketing providers.
Competition enforcement may examine:
Competition law must be applied while recognising the cultural and public-interest objectives pursued by the EU and its Member States.
Sport and competition law
Professional sport has significant economic and commercial dimensions. Clubs, leagues, federations, broadcasters, sponsors, event organisers and ticketing companies all participate in markets governed by EU competition law.
The Commission has previously addressed issues such as the joint selling of sports media rights and exclusive arrangements concerning ticket sales.
Competition concerns in sport may relate to:
Sports organisations may adopt rules needed to organise competitions and preserve sporting integrity. However, rules that have economic effects must pursue legitimate objectives and remain necessary and proportionate.
Education and training services
Education is provided through a combination of public institutions, private operators, universities, professional-training organisations and digital-learning platforms.
Competition and State aid rules may become relevant when educational institutions engage in economic activities or receive public support for services offered in a competitive market.
Potential issues include:
The application of competition law depends on whether the relevant activity is economic in nature and offered on a market.
Tourism and the visitor economy
Tourism is a major component of the European economy and includes a wide range of interconnected activities. These include accommodation, restaurants, travel agencies, tour operators, online booking platforms, attractions, transport and event services.
All these activities are subject to EU competition law.
Competition issues in tourism may concern:
Digitalisation has made competition increasingly dependent on online intermediaries, search rankings, customer data, reviews and access to booking platforms.
State aid for tourism, culture and sportPublic authorities frequently support cultural institutions, sports facilities, tourism infrastructure, educational organisations and local events.
Such funding may pursue legitimate public-interest objectives, but it can fall within EU State aid rules when it provides a selective economic advantage to an undertaking.
State aid assessments may concern:
Certain forms of support may be exempted or approved where they are necessary, proportionate and designed to minimise distortions of competition.
Businesses and public authorities can consult the Commission’s State aid legislation and search relevant competition cases.
Lessons from the COVID-19 crisis
During the COVID-19 pandemic, tourism, culture, recreation and sport were among the sectors most severely affected by travel restrictions, venue closures and reduced consumer activity.
Under the State aid Temporary Framework, the Commission approved public-support measures for many tourism-related activities, including hotels, restaurants, cafés, travel agencies, tour operators, event organisers, airport businesses, passenger services, zoos, ski-lift operators and health spas.
Although that emergency framework has ended, the decisions adopted during the crisis remain relevant for understanding how EU State aid rules can respond to exceptional economic disruptions.
Mergers and market concentration
Consolidation is increasing across tourism, entertainment, publishing, gaming, digital education and professional sport.
EU merger control examines whether transactions could significantly reduce competition, restrict market access or strengthen the position of already powerful operators.
The assessment may consider:
Transactions with an EU dimension must be notified to the European Commission when the applicable turnover thresholds are met.
Although these activities have different business models and public-interest objectives, they are all affected by the fundamental principles of the EU Single Market. Agreements between companies, mergers, dominant market positions and public funding must therefore comply with European competition rules.
The role of competition policy
Competition policy helps ensure that cultural, educational, tourism and sporting markets remain open to new operators and that consumers benefit from choice, innovation and fair prices.
EU competition rules may apply to:
- agreements between companies and professional organisations;
- exclusive distribution and ticketing arrangements;
- media and broadcasting rights;
- public subsidies and compensation;
- mergers and acquisitions;
- access to venues, platforms and essential infrastructure;
- restrictions on participation in sporting or cultural events;
- commercial practices by dominant operators;
- cooperation between competitors.
The Commission may intervene where an arrangement limits market access, divides markets, restricts consumer choice or gives an operator an unjustified competitive advantage.
Arts, culture, publishing and entertainment
Competition issues in the cultural and creative sectors can arise in relation to the production, distribution and sale of books, music, films, artworks and other cultural content.
Relevant markets increasingly involve both traditional operators and digital platforms, including publishers, streaming services, online marketplaces, gaming companies and ticketing providers.
Competition enforcement may examine:
- exclusive distribution agreements;
- territorial restrictions;
- resale-price arrangements;
- digital-platform practices;
- access to content and intellectual property;
- mergers between publishers, media companies or entertainment groups;
- restrictions affecting independent creators and smaller distributors.
Competition law must be applied while recognising the cultural and public-interest objectives pursued by the EU and its Member States.
Sport and competition law
Professional sport has significant economic and commercial dimensions. Clubs, leagues, federations, broadcasters, sponsors, event organisers and ticketing companies all participate in markets governed by EU competition law.
The Commission has previously addressed issues such as the joint selling of sports media rights and exclusive arrangements concerning ticket sales.
Competition concerns in sport may relate to:
- the sale of television and streaming rights;
- exclusive broadcasting agreements;
- ticket distribution;
- sponsorship and advertising;
- rules governing participation in competitions;
- the organisation of competing sporting events;
- player transfers and commercial restrictions;
- access to stadiums and sporting infrastructure.
Sports organisations may adopt rules needed to organise competitions and preserve sporting integrity. However, rules that have economic effects must pursue legitimate objectives and remain necessary and proportionate.
Education and training services
Education is provided through a combination of public institutions, private operators, universities, professional-training organisations and digital-learning platforms.
Competition and State aid rules may become relevant when educational institutions engage in economic activities or receive public support for services offered in a competitive market.
Potential issues include:
- public funding for training or educational services;
- procurement of education and skills programmes;
- cooperation between universities and businesses;
- commercial research and consultancy activities;
- online learning platforms;
- recognition and certification services;
- access to publicly funded infrastructure.
The application of competition law depends on whether the relevant activity is economic in nature and offered on a market.
Tourism and the visitor economy
Tourism is a major component of the European economy and includes a wide range of interconnected activities. These include accommodation, restaurants, travel agencies, tour operators, online booking platforms, attractions, transport and event services.
All these activities are subject to EU competition law.
Competition issues in tourism may concern:
- pricing and parity clauses used by booking platforms;
- agreements between hotels and tour operators;
- mergers involving airlines, hotel groups or travel platforms;
- access to airports, ports and tourist infrastructure;
- public support for destinations and tourism operators;
- concessions for beaches, ski resorts or recreational facilities;
- restrictions affecting cross-border tourism services.
Digitalisation has made competition increasingly dependent on online intermediaries, search rankings, customer data, reviews and access to booking platforms.
State aid for tourism, culture and sportPublic authorities frequently support cultural institutions, sports facilities, tourism infrastructure, educational organisations and local events.
Such funding may pursue legitimate public-interest objectives, but it can fall within EU State aid rules when it provides a selective economic advantage to an undertaking.
State aid assessments may concern:
- museums, theatres and cultural venues;
- film and audiovisual production;
- stadiums and sports facilities;
- tourism promotion;
- airports and regional transport services;
- conference and event centres;
- recreational infrastructure;
- education and vocational-training projects.
Certain forms of support may be exempted or approved where they are necessary, proportionate and designed to minimise distortions of competition.
Businesses and public authorities can consult the Commission’s State aid legislation and search relevant competition cases.
Lessons from the COVID-19 crisis
During the COVID-19 pandemic, tourism, culture, recreation and sport were among the sectors most severely affected by travel restrictions, venue closures and reduced consumer activity.
Under the State aid Temporary Framework, the Commission approved public-support measures for many tourism-related activities, including hotels, restaurants, cafés, travel agencies, tour operators, event organisers, airport businesses, passenger services, zoos, ski-lift operators and health spas.
Although that emergency framework has ended, the decisions adopted during the crisis remain relevant for understanding how EU State aid rules can respond to exceptional economic disruptions.
Mergers and market concentration
Consolidation is increasing across tourism, entertainment, publishing, gaming, digital education and professional sport.
EU merger control examines whether transactions could significantly reduce competition, restrict market access or strengthen the position of already powerful operators.
The assessment may consider:
- concentration among booking platforms;
- mergers between hotel or leisure groups;
- acquisitions of publishing and media companies;
- consolidation in gaming and digital entertainment;
- ownership of sports broadcasting rights;
- vertical integration between content producers and distributors;
- access to data, audiences and digital platforms.
Transactions with an EU dimension must be notified to the European Commission when the applicable turnover thresholds are met.
Additional Resources
Competition Cases and Judgments
Businesses, cultural organisations, education providers, tourism operators, sports bodies and public authorities can consult the Commission’s Arts, Recreation, Education, Tourism and Sports Cases and Judgments page to follow antitrust investigations, cartel decisions, merger reviews and State aid cases affecting these markets.
Why this matters for businesses and public authorities
Competition-policy developments in these sectors can directly affect commercial agreements, public funding, digital distribution, ticketing, media rights, infrastructure and market access.
Businesses, federations, institutions and public authorities should monitor:
- State aid decisions and funding conditions;
- merger investigations;
- antitrust proceedings;
- changes affecting online booking and ticketing platforms;
- sports-media-rights arrangements;
- public procurement and concessions;
- access to cultural and sporting infrastructure;
- competition cases involving tourism, publishing and gaming;
- consultations and revisions of EU competition rules.
Understanding these developments is particularly important for tourism operators, cultural organisations, educational providers, sports federations, media companies, event organisers and digital platforms.
Follow EU competition cases, State aid decisions, mergers and regulatory developments affecting arts, recreation, education, tourism and sport.
