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World Sports Advocate

Volume: 12 Issue: 6
(June 2014)


News

An Anti-Corruption Tribunal, convened by the Bangladesh Cricket Board (BCB) to investigate allegations of match-fixing in the Bangladesh Premier League (BPL) during 2013, has accused the International Cricket Council's (ICC) Anti-Corruption and Security Unit (ACSU) of allowing fixed games to go ahead. It also alleges that the ACSU breached a Services Agreement with the BCB by failing to inform them about an attempt to fix a game, and failed to consider whether the approach might constitute a breach of local laws necessitating involvement of local law enforcement authorities. / read more

On 25 June, the regional court of Lazio will rule on Parma FC’s appeal against a 19 May Italian football association (FIGC) decision to refuse to award the club a licence to compete in 2014/15 UEFA competitions. On 12 June, the same court rejected Parma’s application for a temporary injunction suspending the FIGC’s decision, deciding that a full hearing is necessary. / read more

An appeal by the World Anti-Doping Association (WADA) for longer sanctions against Johan Bruyneel could prompt the former US Postal cycling team Director to fight an American Arbitration Association (AAA) decision to support the US Anti-Doping Agency’s (USADA) 10 year ban against him. On 16 June, WADA announced that it would appeal to the Court of Arbitration for Sport (CAS) for sanctions longer than the 10 year ban issued to Bruyneel and the eight year bans issued to Dr. Pedro Celaya and Jose ‘Pepe’ Marti for their part in the US Postal team’s doping programme. / read more

Italian football club Parma will appeal to the Italian Council of State, after the Regional Court of Lazio rejected its appeal against its exclusion from the 2014/15 Europa League on 25 June. 'The Regional Court of Lazio has declined that the controversy between Parma FC, FIGC [Italian football association] and CONI [Italian Olympic committee] lies within its jurisdiction,' read a 27 June statement. '[Parma] will immediately present its appeal to the Italian Council of State, arguing that the said decision is against the principles of Article 6 of the European Convention on Human Rights.' / read more


Features

This article looks at the impact the European Commission inquiry into TV licensing arrangements with Hollywood film studios could have on sport’s TV licensing model. Craig Giles, an Associate with Bird & Bird, refreshes memories on the position regarding territorial licensing of sports content following the Court of Justice of the European Union’s (CJEU) ruling in the Murphy case. He also examines the application of the CJEU ruling by the UK courts, the next wave of FAPL action in the wake of the ruling and issues around commercial subscriptions to overseas broadcasters and whether their sale is being restricted. / read more

The Irish High Court recently held that decisions of the Turf Club are amenable to judicial review1. This is a significant change in the legal landscape for horseracing in Ireland. Adam Finlay and Sinéad Martyn, of McCann FitzGerald, highlight that although this may be a cause of concern for other Irish sports governing bodies, who traditionally have been considered to be outside the scope of judicial review, the decision seems unlikely to have a broader impact outside of the Irish horseracing industry, since it turned on unusual legislative provisions applicable to the Turf Club. This article also considers the rationale for the decision and its implications for horseracing in Ireland. / read more

UEFA has recently settled breaches of its Financial Fair Play Regulations (FFPR) with nine football clubs. The European Commission also recently declined to hear Daniel Striani’s complaint that the FFPR breach EU law, but mainly because an identical complaint had been filed in a local (Brussels) court. Stephen Hornsby, a Partner with Goodman Derrick, examines whether the FFPR infringe EU law, assessing whether they meet their intended objective, or whether they distort competition. / read more

Evidence from two recent reports supports the argument that efforts to tackle match-fixing should focus on the illegal betting market rather than regulated operators, argues Mike O’Kane, Chairman of the European Sports Security Association. O’Kane also argues that sport needs to take some responsibility for match-fixing through better regulation. / read more

On 16 May, the Lega Serie A approved new packages for the sale of media rights for 2015-2018. Under the 2008 Melandri Decree, the packages mandate a partial return to collective selling. Luca Ferrari, Stella Riberti and Marco Tieghi, of CBA Studio Legale e Tributario, explain the approval process for the new packages, as well as outlining which media companies have signed up to which offers and at what reported price. They also examine whether the awarding of the rights to two companies controlled by the same parent can be challenged under the ‘no single buyer’ rule. / read more

New Zealand introduced a match-fixing Bill in mid-May, clarifying that betting-related match-fixing is a crime. Garth Gallaway, a Partner with Chapman Tripp, examines how the provisions of the Bill gel with existing criminal law, as well as explaining its scope. / read more


About World Sports Advocate

The monthly law publication providing guidance on all aspects of sports law, including licensing and sports data, anti-doping and doping sanctions, TV and broadcasting rights, sport technology, players agents, disciplinary measures, sports integrity, sports betting, player contracts, intellectual property, transfer regulations, sports sponsorship and marketing, and governance, as well as coverage of key legal cases, sporting regulations and governing bodies including the IOC, UEFA and FIFA and sporting events such as London 2012. / read more

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