Crossing Courts: Legal Implications of the NBA’s European Expansion

Words by Law City Intern, Kristabel Ibuaka

As the NBA looks to expand into European markets, the prospect of a new European league is becoming a reality. For aspiring solicitors, the NBA's expansion offers a valuable opportunity to explore the evolving field of international sports law. This article will examine the potential legal hurdles ahead, including competition law, media rights, and their impact on the future of basketball in Europe.

The Legal Challenges: Competition and Antitrust Concerns

The Commissioner of the NBA, Adam Silver and FIBA secretary general, Andreas Zagklis announced in March that the league and the game's governing body are finally taking long-awaited steps to form a new league. Some have speculated that the NBA’s new venture could directly compete with the existing EuroLeague. In an interview with CEO, Paulius Motiejunas, spoke to Mike Vorkunov of The Athletic, expressing concerns, stating, 'A new league would create more confusion than anything else.' 

Let’s put this theory to the test by examining the structural differences and key distinctions that set this new venture apart from the established EuroLeague.

Commercial Structure : Euroleague vs NBA European League

 

The EuroLeague, originally founded in 1958 as the FIBA European Champions Cup, has evolved into a private league with 11 'A-license' teams guaranteed participation each season. Unlike the football Champions League, where qualification is earned annually, EuroLeague teams hold permanent spots, with limited positions available for new clubs.

In contrast, the NBA’s proposed European league aims to create a hybrid structure. Starting with 16 teams, it will feature 12 permanent members and 4 spots open for annual qualification based on performance. This model combines consistency with merit-based opportunities, appealing to both established powerhouses and rising teams. A central goal is to tap into the large market potential of major European cities.

NBA Commissioner Adam Silver has indicated that the league will engage with key stakeholders, including current EuroLeague teams, European players, media companies, and marketing partners. Although a launch could happen as early as 2026 or 2027, significant legal hurdles may delay the timeline. With the ball already rolling, the NBA has enlisted top consultants, legal advisors, and financial experts like JPMorgan Chase and Raine Group to shape the new men’s basketball competition.

Additionally, NBA Commissioner Adam Silver has explored potential partnerships with major football clubs like Manchester United, FC Barcelona, and Real Madrid, where these giants could establish basketball teams under their existing brands. With Real Madrid’s EuroLeague license set to expire in 2026, the club is likely to be a prime target for the NBA. Its global brand, financial strength, and history of sporting success make it a highly attractive partner for NBA Europe. However, this proposed hybrid model - blending NBA expansion with elements of the EuroLeague - raises important legal questions: What would it mean for the EuroLeague’s existing media rights and broadcasting agreements? And how might it affect competition between the leagues?

Broadcasting Turf Wars: The Media Rights Battle

Broadcasting rights are a critical aspect of sports leagues, and the NBA’s expansion into Europe will likely encounter challenges in this area. One such challenge is that the EuroLeague holds exclusive broadcasting rights in Spain with Movistar Plus+ through 2031, covering all games involving Spanish teams, plus select global matches, along with additional content like interviews and analysis.

However, the NBA will set its sights on key markets like Spain or the UK, where its strong brand recognition could take on the EuroLeague’s exclusivity with broadcasters. This would likely force the EuroLeague to renegotiate its deals or explore new agreements, potentially fragmenting the media rights landscape. Additionally, with the NBA League Pass already offering global digital streaming, the league has significant leverage to secure exclusive broadcasting contracts. This could lead to direct competition with, or even displace, current EuroLeague deals like Movistar Plus+ in Spain.

We expect the NBA’s physical presence in Europe is set to grow as the league announced it is scheduled to return to the UK in 2026 with regular-season games in London and Manchester, marking its first UK games since 2019. This expansion is expected to generate significant attention, further solidifying the NBA's growing foothold in Europe and complementing its efforts to tap into new markets and redefine basketball’s presence in the region.

The Legal Challenges: Competition and Antitrust Concerns

When the NBA enters Europe, it’s not just a business expansion; concerns could arise over competitiveness in the market if dominant players, like major football clubs and the NBA, control both the football and basketball markets. This might push out grassroots clubs, limit opportunities for smaller teams, and create monopolistic practices—such as exclusive broadcasting deals that inflate subscription prices, making the sport more expensive and less accessible for fans.

Key Questions for Aspiring Solicitors to Explore:

● Anti-Competitive Practices: Could the involvement of football giants and the NBA lead to an unhealthy concentration of market power? 

If football clubs like Barcelona or Manchester United launch basketball teams, they risk overshadowing local clubs in leagues like Spain’s ACB or Italy’s Lega Basket. This raises important questions about how competition law protects smaller, grassroots organisations from being marginalised by more powerful entities. Market dominance could trigger an investigation by the European Commission into anti-competitive practices, making it essential for legal professionals to help the NBA navigate how competition authorities regulate these dynamics.

Ultimately, as the NBA expands into Europe, the legal complexities surrounding broadcasting, competition, and market access will require close attention. For aspiring solicitors, the NBA Europe League venture offers a perfect example of the multidisciplinary nature of sports law—where commercial strategy, media rights, regulatory frameworks, and competition law all converge within a global business context.