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World Sports Advocate

Volume: 15 Issue: 3
(March 2017)


News

The US National Basketball Association (‘NBA’) and Take Two Interactive Software Inc. announced on 9 February 2017 plans to launch a professional competitive gaming league, the NBA 2K eLeague (the ‘League’), in a move that will see the creation of the first professional eSports league operated by a US professional sports league. Set to debut in 2018, the League will bring together teams of video gamers to compete in teams operated by NBA franchises. / read more

A resolution on ‘An integrated approach to Sports Policy: good governance, accessibility and integrity’ adopted on 2 February 2017 by the European Parliament (‘EP’) is being seen as a missed opportunity, with a number of sports lawyers criticising the resolution for not going far enough. The resolution, which was adopted by the EP by 522 votes to 76, with 37 abstentions, follows an evaluation of the EU’s existing sports policy based on a hearing hosted by the Alliance of Liberals and Democrats for Europe (‘ALDE’) in October 2016 and a draft report evaluating European sports policies from 2009 to 2016 issued by Member of the EP, Hannu Takkula.  / read more


Features

The anti-doping system is not broken: it is under-empowered and under-funded by its stakeholders. Richard W. Pound QC, Founding Chairman of the World Anti-Doping Agency (1999 - 2007), who remains a member of the Foundation Board, provides his personal opinion on the current fight against doping within sport. Richard takes a look back at the formation of the World Anti-Doping Agency, the ‘elephants in the room’ one of which he identifies as Russia, and the formation of the Independent Governance Committee. Richard stresses that he does not believe that the governance structure of the World Anti-Doping Agency is broken, but that what is lacking in the global fight against doping is a collective will to make the anti-doping system work. / read more

Olga Hamama and Niklas Luft of Freshfields Bruckhaus Deringer LLP, discuss two recent rulings of the German Federal Court which despite the vast structural independence and self regulation of sport, illustrate that the decisions of sports organisations and bodies are not completely exempt from revision by state courts. In addition, state courts are regularly entrusted with review of matters which do not fall within the competence of the internal dispute resolution mechanisms of sports organisations. / read more

To blame FIFA for its long history of corruption allegations and proven incidents of misbehaviour including criminal acts by leading officials is an easy approach to the issue of corruption in sport. You usually can’t fail when criticising FIFA in public. But does this attitude help to understand the phenomenon and, even more importantly, to work on fundamental change? Sylvia Schenk, Consultant at Herbert Smith Freehills, specialising in compliance, human rights and sports law with experience in the prevention of corruption, shares her thoughts on the matter. / read more

The Bill on regulations for the implementation of the anti-doping policy and for the establishment of the Doping Authority, otherwise known as the Anti-Doping Policy Implementation Bill, was submitted to the Dutch Lower House on 19 September 20161. The aim of the Bill is to strengthen action against doping in sport2. The Bill has been drafted because there are doubts about whether the consent given by athletes constitutes an adequate basis for the processing of personal data in the context of doping controls. In order to allow it to process data in an alternative way in the context of doping controls, the Doping Authority is to become a legal entity governed by public law with a statutory task. There has been some criticism of the bill from the field. Michiel van Dijk and Amajanti van de Beek of CMS assess the criticism and whether the Bill will provide the solutions required or whether it may actually raise more questions and difficulties. / read more

Nick Humphreys, Sports Law and Employment Law Partner at Thomas Cooper LLP, provides detailed analysis of the UK Court of Appeal’s judgment, handed down on 4 November 2016, in the case of Anthony McGill v. The Sports and Entertainment Media Group (‘SEM’). / 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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