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World Sports Advocate

Volume: 8 Issue: 3
(March 2010)


News

French prosecutors have accused Paris Saint-Germain (PSG) and Nike of hiding player salaries by using contracts between the sportswear manufacturer and the football club in order to avoid taxes and social security charges, in a trial that began in the 11th Tribunal Correctionnelle de Paris on 14 March. / read more

The United States' Major League Soccer (MLS) and its players union (MLSPU) have agreed a new Collective Bargaining Agreement (CBA) ending 2014, subject to the approval of the MLS Board of Governors and MLPU members. / read more

The European Court of Justice (ECJ) has ruled that compensation designed to protect clubs training young players does not constitute an illegal restriction on freedom of movement under Article 45 of the Treaty on the Functioning of the European Union (TFEU), as long as the compensation is based on the cost of training that player. However, the ECJ has failed to specify how the cost of training a player should acceptably be calculated. / read more


Features

FIFA has recognised that its requirement for player contracts to be conducted by player agents licensed by a national association is not working, as it doesn't regulate or license player agents so cannot effectively sanction them. Instead, it has proposed that it will regulate use of any intermediary during a player transfer by clubs and players, since it regulates and can sanction clubs and players. Angus Bujalski, an Associate with Michael Simkins LLP, examines how FIFA's proposals gel with its Transfer Matching System and potential difficulties with cross-border regulation such as this, due to freedom of establishment rights enshrined in the EU Services Directive. He also outlines recent cases with different outcomes where regulation of player agents has been considered. / read more

Flavio Briatore's ban from motor sport remains in place while the Fédération Internationale de l'Automobile appeals a French court's decision to overturn the ban, which has resulted in Briatore resigning as a Director of Queens Park Rangers. This has brought the Football League's Fit and Proper Persons Test (FPPT) under the microscope once more. David Winnie, former professional footballer and now a Lawyer with Hammonds' Sports Group, explains Briatore's situation and analyses whether the FPPT would survive a challenge under competition law. / read more

The National Collegiate Athletic Association has recently amended a bylaw to allow international students who have played alongside professionals to compete for University sports teams. Dr. Anastasios Kaburakis, an Attorney who had proposed such an amendment in past research, explains the background to the change, why it is needed and the potential impact that it will have for both amateur and professional sport in the US. / read more

As sport becomes more lucrative, the focus on winning at all costs becomes ever more prevalent, which leads some athletes to consider cheating. Rod Findlay, a Partner with the Sports Law Unit at McDaniel & Co. Solicitors, examines three cases where the winner was successful due to different forms of cheating, yet punishment differed. He considers whether punishment for cheating should be harmonised where the end result is an unjust victor. / read more

There have been a number of high-profile cases involving professional footballers that have lost large amounts of income through gambling. Professor Mark Griffiths of the International Gaming Research Unit at Nottingham Trent University examines what rules apply to footballers that wish to gamble and analyses if footballers are predisposed to gambling addiction. / 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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