Jamie Singer, Partner Olympics/ Golf / Tennis Session

Jamie Singer, Partner
onside law
Olympics/ Golf / Tennis Session
Introduction
Corruption in Sport
Evolution of Sports Owners Rights
Sporting Exception
Ambush Marketing and the Olympics
Caster Semenya
Corruption in Sport
• Specific vulnerabilities in tennis:
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Only one individual to corrupt
Numerous “non-outcome orientated” events to bet on
Liquidity of the market on top matches
Number of professional matches and events to bet on
• Implementation of the Anti Corruption Program in tennis
• Practical experiences in 2009:
− Ekaterina Bychkova – 30 day ban & USD $5,000 fine for
failure to report an approach
• Practical experiences in 2009:
− Potential litigation with Italian players, Federico Luzzi and
colleagues banned for betting on tennis matches
− Importance and difficulty of securing evidence without
assistance from the police
− Co-operation between betting companies, rights-holders
and Government authorities.
Evolution of Sports Governing
Body’s Rights
• Volume of sports betting and sums involved intensifying
pressure on integrity units
• Perception that betting companies are generating large
profits from betting without contributing to sport
• Australia’s levy on bookmaker’s taking bets on designated
sporting events
• Roland Garros’ legal action against betting companies for
“parasitism” and trade mark infringement.
Counter Arguments
• Principal threat is from unlicensed and illegal gambling
operators
• Legitimate online gambling
companies do invest in sport
through advertising / sponsorship
• Restrictions could constitute an
infringement of EU Competition
Law – Free Movement of
Services.
Sporting Exception
• Do rules of a “purely sporting nature” fall outside the
scope of EU Competition Law?
• Case of Meca-Medina
• Any restrictions must be legitimate
and proportionate.
Ambush Marketing and the Olympics
• New Olympic Association Right created by the 2006 Act
• The Olympic symbol, Olympic motto and Olympic associated words
cannot be used by unauthorised parties in the course of trade
• Listed expressions:
Any two of the words in list A below OR any word in list A with 1 or more
of the words in list B:
List A:
Games
Two Thousand and Twelve
2012
Twenty-Twelve
List B:
London
medals
sponsors
summer
gold
silver
bronze
• Olympic Advertising and Street Trading Regulations
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Geographical restriction zones
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Restrictions on all advertising including mobile, aerial and
experimental.
• Product placement
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Ofcom’s ruling against Sky regarding Specsaver’s sponsorship
of Hawk Eye Technology used in coverage of the Ashes
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Liberalisation of restrictions on product placement in
accordance with the EU’s Audiovisual Media Services Directive.
Caster Semenya
• Obligation of confidentiality owed by
a governing body to an athlete
• In the “modern world” what are the
eligibility criteria for female athletes?
• How do you sensitively, but accurately, determine
eligibility?
• Do boys always beat girls anyway?
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