LA PROFESSIONE DI AGENTE SPORTIVO NELL’ORDINAMENTO ITALIANO A CONFRONTO CON LA NORMATIVA FEDERALE E IL DIRITTO ANTITRUST

Abstract

This article concerns the profession of Sports Agent, introduced in the Italian legal system by the recent Law of Stability 2018 (L. 27th december 2017, no. 205, art. 1, par. 373), which has established the “National Register of Sports Agents” under the supervision of CONI. The legislator has therefore newly regulated a profession, until now regulated only within the sports system, providing for it specific requirements and limits to its exercise related to passing an exam and registration in the above mentioned register. This regulation induces a critical analysis with regard, on one hand, to its incidence in the sports legal system and, generally, to the relations between the latter and the state system, and, on the other, to its compatibility, at national level, with the legislation on liberalization of professions and, at European level, with antitrust law, with specific regard to the Directives 2006/123/CE and 2005/36/CE.