The Estonian Competition Authority – the Konkurentsiamet – announced has decided not to open administrative offence proceedings against MTÜ Jalgpalliklubi FCF Jalgpallikool, concluding that an attempt to make an anti-competitive agreement is not punishable under administrative law. At the same time, the authority issued a clear recommendation to football clubs to end all cooperation agreements that restrict the recruitment of players or coaches.
The investigation stemmed from this year’s criminal case in which Aivar Pohlak, representing MTÜ Jalgpalliklubi FCF Jalgpallikool, allegedly proposed to MTÜ Mart Poomi Jalgpallikool the signing of an agreement that would limit competition. Following amendments to the Penal Code that took effect on 6 July 2025, the Prosecutor’s Office closed the criminal case and forwarded the materials to the Competition Authority to determine whether administrative or supervisory measures were warranted.
On Monday, the authority confirmed that no administrative offence proceedings would be launched. However, it emphasized that football clubs should immediately terminate any existing cooperation or contracts that restrict or prohibit the solicitation or recruitment of coaches and players, and avoid such practices in the future.
The authority reminded clubs that legal entities providing football training services qualify as “entrepreneurs” under Estonia’s Competition Act. Consequently, they are bound by competition law rules, including the prohibition of anti-competitive agreements. Konkurentsiamet also stressed that both employees and footballers must remain free to choose their workplace according to their own preferences and opportunities.
Agreements restricting the recruitment or solicitation of players and coaches, the agency noted, can have long-term negative effects on working conditions, wages, and the overall functioning of the market. Such arrangements are therefore strictly prohibited by law. The Competition Authority may impose fines of up to ten percent of a company’s global turnover for violations involving anti-competitive agreements, coordinated practices, or decisions by associations of undertakings.
According to a report published by ERR on 2 June (available here, in Estonian), the Competition Authority had been investigating a potential anti-competitive agreement among Estonian football clubs. A staff member at Nõmme United said that an offer to sign such a document had been made on behalf of FC Flora by Aivar Pohlak, who also serves as president of the Estonian Football Association.
The proposed document—titled “Good Practice Agreement between Football Club FC Flora and Football Club Nõmme United”—was presented by Pohlak during an online meeting on 8 August 2024, according to Madis Metsmägi, youth development head at Nõmme United. The meeting reportedly followed a dispute that arose when a young FC Flora player sought to join Nõmme United.
Source: https://www.err.ee/1609853673/konkurentsiamet-ei-algatanud-pohlaku-pakutud-kokkuleppe-kohta-vaarteomenetlust
