Specifically, FISE, using the market strength conferred on it by its “institutional” role as a nationally active Federation, seems to have abused its regulatory powers by prohibiting or at any rate limiting the staging of equestrian events and activities, without any justification of a sporting nature, through conduct calculated to exclude competing associations by rigidly applying statutory rules imposed on FISE members.

        Those rules, which in competition law may be deemed decisions by a business association, seem to be intended to close the equestrian market both to new entrants and to those already operating in it, specifically in the clauses forbidding FISE associates and members, on pain of disciplinary measures and subsequent exclusion from the Federation, to belong “to any other national association or body that carries out equestrian activities as a pastime or sport”, based on the fact that FISE “is the sole organization responsible for regulating equestrian activities in Italy in all aspects: teaching, competitions, recreation, training […]”.

        The fact that FISE members are unable to take part in events arranged by other equestrian organizations as well makes it difficult for associations competing with FISE to stage such events, since they cannot benefit from the presence of those riders and the events become less attractive to the public and potential sponsors.

Rome, 26 July 2007