The world of British basketball finds itself embroiled in a dramatic High Court legal battle, as Super League Basketball (SLB) and the British Basketball Federation (BBF) face off in a dispute over licensing and competition. This intense showdown, drawing significant attention for all the wrong reasons, centers on the BBF’s controversial decision to strip SLB of its license to operate a league, subsequently selling it to US investors GBBL.
This contentious move has left SLB clubs, who commendably stepped in to salvage the competition last summer after its predecessor’s collapse, feeling a profound sense of betrayal and dismay. The BBF’s actions extend beyond the license revocation, with allegations of an illegal tender process and active measures to impede SLB’s operations, including allegedly blocking work permit applications for overseas players crucial to team rosters.
The looming High Court tussle is more than just a localized dispute; it represents the latest chapter in sport’s ongoing entanglement with competition law. This case holds particular intrigue given its parallels to the high-profile European Super League (ESL) saga that shook European football, highlighting a global pattern of challenges to established sports governance.
SLB’s legal strategy is heavily influenced by the European Court of Justice’s groundbreaking ruling concerning the ESL. In that landmark decision, the ECJ sided with the ESL’s proponents, asserting that governing bodies like UEFA and FIFA should not unduly penalize rival competitions. SLB believes this precedent directly applies to its current predicament, arguing it is being unfairly sanctioned by the BBF for attempting to run a league that would compete with GBBL’s planned launch next year.
Central to SLB’s argument is the contention that it does not require a specific license to operate, but merely the freedom to function without commercial impediments imposed by the BBF. Should the High Court rule in SLB’s favor, it would not only grant them the desired autonomy but could also potentially void the BBF’s contentious licensing agreement with GBBL, reshaping the landscape of professional basketball in Britain.
To bolster its position, SLB has secured heavyweight legal representation from Magic Circle law firm Freshfields Bruckhaus Deringer. This esteemed firm previously advised four Premier League clubs in the ESL case and is renowned as a leading authority in sports and competition law. They are joined by barrister Nick De Marco KC, celebrated as “by a distance the best sports KC in the country” for his work with numerous Premier League clubs, including Manchester City, and junior barrister Ciar McAndrew.
The British Basketball Federation, meanwhile, has retained boutique firm Onside Law, which previously advised the BBF on the controversial tender process and assisted the England and Wales Cricket Board with recent legal matters. Barrister Lydia Banerjee and junior barrister Rowan Stennett have been instructed to represent the governing body. While largely refraining from public statements, the BBF recently broke its silence to announce a counter-claim against SLB, accusing the clubs of anti-competitive behavior—a claim SLB vehemently denies as baseless.
Amidst this escalating legal High Court battle, GBBL, the US investor entity now holding the license, has maintained a notable public silence on the proceedings, despite being named as a defendant. Their submitted defense to the High Court is notably brief, spanning only a few pages, which has raised eyebrows given the gravity of the basketball legal dispute and its implications for sports governance and competition law within the sport.
The pace of justice is often slow, and time is a critical factor for the clubs, with the traditional season start in September or October already imperiled by delays in player recruitment due to the overseas permit situation. SLB is reportedly considering seeking an injunction to restore their license while the sports law wrangle continues. In a broader context for the sport, NBA chiefs have recently been in London, discussing the return of regular season games and laying groundwork for a potential NBA Europe league, highlighting growing international interest in basketball’s future.
