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World Sports Advocate

Volume: 14 Issue: 10
(October 2016)


News

The European Commission’s (‘EC’) Statement of Objections sent to the International Skating Union (‘ISU’) on 27 September 2016 informing the sports governing body of its preliminary view that the ISU eligibility rules that impose severe penalties on athletes that participate in unauthorised speed skating events are in breach of EU antitrust rules, presents the EC with the opportunity to set an important precedent at a supranational level, relating to the legitimacy, necessity and proportionality of restrictions placed on athletes weighed against their economic impact, believe Clifford J. Hendel and Ainhoa Veiga of Araoz & Rueda. / read more

The Court of Arbitration for Sport (‘CAS’) issued its decision on 4 October 2016 in the arbitration procedure between Maria Sharapova and the International Tennis Federation (‘ITF’) reducing Sharapova’s suspension to 15 months. The Panel found that Sharapova had committed an anti-doping rule violation and that while it was ‘no significant fault,’ Sharapova bore some degree of fault due to her failure to make sure that the substance contained in a product that she had been taking for a long period of time remained in compliance with the anti-doping rules. / read more


Features

In light of the whirlwind of corruption and doping scandals blighting sport and dominating the headlines, Amber Melville-Brown, Partner and Head of the Media & Reputation team at Withers, discusses reputation and how sponsors and sports stars should prepare in order to deal with a media crisis. / read more

João Lobão, Lawyer, provides his reaction to FIFPro’s competition law complaint filed with the European Commission challenging the FIFA Regulation on the Status and Transfer of Players. João takes us back to the very first player transfer - that of Willie Groves in 1893 - and provides his opinion on why changes to the transfer system could prove detrimental to smaller clubs and consequently the whole football business model. / read more

India has the second largest population in the world and is the seventh largest country in the world spread across a wide demography. It has been touted to be the land of opportunities, although, its failures in sport are often attributed to its model of governance. Sporting performances are frequently linked with national pride and the existing issues have dented it severely in the recent past including at the Rio Olympics 2016. There have been debates in favour of and against government interference to put things in order. Keeping this in mind, Sajai Singh and Anubhab Sarkar of JSA Advocates and Solicitors assess sports governance in India. / read more

The European Commission announced on 4 July 2016 that public support measures granted to seven professional football clubs in Spain must be paid back as such subsidies gave those clubs an unfair advantage over other EU clubs, and were therefore in breach of EU State Aid rules. At the same time the Commission confirmed that proceedings concerning five Dutch football clubs had closed finding that the measures examined during the formal investigations were not illegal State Aid. Pieter Paepe, Partner at Astrea, analyses the rationale of the Commission in both sets of decisions, focusing on a crucial issue in all of the decisions: whether a particular economic transaction between a public authority and a football club provides ‘an advantage’ to the club. / read more

The commercially lucrative aspect of sport presents regulators with the threat of breakaways by entities focused on profits, which may not be in the best interest of the sport. Simon Boyes, Director of the Centre for Sports Law at Nottingham Trent University, discusses the threat faced by sports regulators across different sports and asks whether rather than protecting traditional regulators the law may actually be providing a further obstacle to asserting any degree of control in preventing possible breakaways. / 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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