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World Sports Advocate

Volume: 13 Issue: 4
(April 2015)


News

UEFA and FIFPro Division Europe launched a complaint with the European Commission on 1 April, which questions the legality of third party player ownership (TPO) on the basis that it is damaging to the interests of players, clubs and fans, and undermines the integrity of the game. / read more

The Australian Sports Anti-Doping Authority (ASADA) announced on 20 April that it will not be appealing the Australian Football League’s (AFL) Anti-Doping Tribunal’s decision to clear all 34 current and former Essendon players and one support person, of alleged violations of the AFL Anti-Doping Code. / read more

The Court of Arbitration for Sport (CAS) has upheld ‘in a large part’ the appeal initiated by the Royal Moroccan Football Federation (FRMF) against the Confederation of African Football (CAF), in a decision of 2 April, following the non-organisation by the FRMF of the African Cup of Nations (CAN) in January 2015. / read more


Features

Prof Dr. Christian Duve and Olga Troshchenovych of Freshfields Bruckhaus Deringer LLP, provide detailed analysis of the criticisms concerning the impartiality and independence of the Court of Arbitration for Sport (‘CAS’), with a particular focus on the allegations voiced in the Pechstein case. Christian served as a CAS arbitrator from 2007 until 2014, and Olga has acted as ad hoc clerk in several CAS proceedings. This extended article assesses the validity of the criticisms of the CAS, why it is imperative that the CAS grasps this opportunity to initiate relevant reforms, before Christian and Olga propose seven steps for reform. / read more

In recent years player misconduct and betting and drug scandals have kept rugby league on the front pages and sullied its reputation in an environment where there is fierce competition for public, sponsor and media support. In an effort to assist with cleaning up the code, the governing body of rugby league in Australia, the National Rugby League (‘NRL’), in February 2013, introduced an Integrity Unit to investigate off-field incidents. Earlier this year it became clear from the reporting of an off-field incident that the NRL was not advised of the full story by the club. In response to this, the NRL announced proposed changes to the powers of the Integrity Unit. The most controversial of these changes was the proposal to grant the Integrity Unit the power to require players to hand over their smartphones and personal computers and to provide documents for the purposes of an investigation1. The announcement prompted immediate criticism from NRL players and the Rugby League Players’ Association and, within hours of the announcement, the NRL released a statement that it would not be requiring players to hand over their phones or personal computers as part of investigations. This article broadly considers the legal implications and competing considerations in relation to the aborted amendment. / read more

In recent months, the Italian Football Federation (‘FIGC’) has been required to bring into force two important new sets of rules. The first piece of regulation was prompted by the ‘Parma case’ and the second consists in the domestic transposition of the new FIFA Regulations governing intermediaries. The unfortunate bankruptcy of the once glorious Emilian club compelled the FIGC to toughen the national licensing rules and introduce new regulations in relation to the ownership of clubs. As to football agents, FIGC was required to publish its own supplemental regulations on intermediaries by 1 April. Luca Ferrari, Edoardo Revello and Marco Tieghi of Studio Legale Withers, examine the new rules and regulations, which will have a significant impact on Italian professional football. / read more

On 1 April 2015, 19 year old Indian sprinter Dutee Chand earned a temporary reprieve from the Court of Arbitration for Sport (‘CAS’), which has permitted her to take part in the forthcoming Asian Athletics Championships, pending a final decision on her appeal against the International Association of Athletics Federations (‘IAAF’) Regulations Governing Eligibility of Females with Hyperandrogenism to Compete in Women’s Competition (‘HA Regulations’). Dutee was disqualified last year by the Athletic Federation of India (‘AFI’), citing the HA Regulations, from participating in the Commonwealth Games, after tests revealed that her body produced natural levels of testosterone above the permissible limit. / read more

On 16 May 2014 Manchester City FC concluded a settlement agreement with the UEFA Club Financial Control Body - Investigatory Chamber. The football club has - inter alia - agreed not to improve the financial terms of two second tier commercial partnerships for the period of the settlement, to limit spending in the transfer market for seasons 2014/2015 and 2015/2016, and to pay a total of €60,000,000 which will be withheld from any revenues it earns from participating in UEFA competitions commencing in season 2013/14; an amount of €40,000,000, however, will be withheld and returned to ManCity if it fulfills the operational and financial measures agreed. Peter W. Heermann, Professor at the University of Bayreuth, analyses, firstly, how football clubs taking part in UEFA club competitions can get involved in related party transactions within the meaning of FFP and if so, secondly, why these clubs enter into seemingly unfavourable settlement agreements with UEFA. / read more

Fans looking to purchase tickets on the online secondary market have received good news recently. Firstly, amendments to the UK’s Consumer Rights Act 2015, which take effect on 27 May, introduce new disclosure requirements for those reselling tickets, and the marketplaces where such tickets are resold. Secondly, the UK Competition and Markets Authority (‘CMA’) has obtained undertakings from four secondary ticket platforms to give extra information to buyers. The £1 billion a year secondary ticket market has been the subject of formal investigation since 2013 by the All Party Parliamentary Group on Ticket Abuse (‘APPG’)1. This article examines the impact of the Act and the CMA undertakings and how these compare to the recommendations made by the APPG. / read more

Howard L. Jacobs, a leading athlete’s lawyer who has represented athletes in nearly 100 anti-doping arbitrations, conducted under the rules of the World Anti-Doping Agency, National Football League, Major League Baseball, the PGA Tour, and others, analyses the PGA Tour’s Anti-Doping Program, which has been brought into sharp focus by golf’s re-entry into the Olympic Games. Howard sheds light on the issues and nuances that must be navigated under the PGA Tour Anti-Doping Program that are a cause for concern. / 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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