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Turf Wars: Professional Sport and Anti Trust Law

By Abhinav Shrivastava Introduction The emergence of anti-trust concerns in relation to the operations of sports bodies correlates with the rise of the commercial aspect of professional sporting engagement. Anti-trust as a species of law is concerned with the development of a market economy and concurrent limitation or...

Advocate General’s Opinion on Free to air Broadcasting of Sports in the EU

By Seshank Shekar Introduction On December 12, 2012, Advocate General Niilo Jääskinen delivered a non-binding opinion on the arguments put to the Court of Justice of the European Union (“CJEU”) in respect of a long standing dispute between the Fédération Internationale de Football Association (“FIFA”) and...

Hands-off my Database: Case Comment on Football Dataco v. SportsRadar

By Abhinav Shrivastava Introduction On October 18, 2012, the European Court of Justice (“Court”), through its opinion in Football Dataco v. Sportradar (Case C-173/11 of the Court of Justice of the European Union), recognised the rights of sporting bodies to control access to and limit the utilisation...

Can’t Cope, Don’t Dope- Review of v.2 of WADA’s proposed 2015 Anti-Doping Code

By Shwetambara Mani and Shibumi Raje   Introduction The World Anti-Doping Code (the “Code”) drafted by the World Anti-Doping Agency (“WADA”) is the core document that provides the framework globally for anti-doping policies, rules and regulations within sport organizations and among public authorities. The Code was first introduced...

Luck of the Irish? Understanding Oakley’s Suit against Rory McIlroy and Nike

By Roshan Gopalakrishna Introduction On 15 December, 2012, Oakley, Inc. (“Oakley”) filed a suit against golfer Rory McIlroy (“McIlroy”) and competitor Nike Inc. (“Nike”) in a federal court at Santa Ana, California. Oakley’s claim is that McIlroy breached the endorsement agreement signed between them, more particularly the...

Emerging Law in Sports Broadcast and Proprietary Rights

By Shibumi Raje 1. ICC Development (International) Ltd and Anr v. New Delhi Television Ltd. Introduction In September 2012, the High Court of Delhi delivered a judgment in the suit filed by ICC (Development) International Ltd (“IDI”) and ESPN (Mauritius) Ltd (“ESPN”), (hereinafter collectively referred to as the...

Penny-Wise: Tax Structuring by Athletes through Incorporation

By Seshank Shekar Introduction It has become a fairly regular and widely accepted practice among many high profile athletes to incorporate separate legal entities. These legal entities are usually in the form of ‘loan out’ corporations wholly owned by the athlete. Typically the athlete then becomes an...

Due Process: Case Comment on Azharuddin v. Board of Control for Cricket in India

By Abhinava Shrivastava Introduction On November 8, 2012, the Andhra Pradesh High Court (“Court”) overturned the life-ban handed out to former Indian cricket captain, Mohammad Azharuddin (“Azharuddin”) by the Disciplinary Committee (“Committee”) of Board of Control for Cricket in India (“BCCI”) in 2000 for his alleged engagement...

Decoding Sports Broadcasts – Recent Cases

By Roshan Gopalakrishna Case reviews: Football Association Premier League v. QC Leisure and Others (Case C-403/08); Karen Murphy v. Media Protection Services Ltd (Case C-429/98) Introduction On October 4, 2011, the Court of Justice of the European Union (‘ECJ’) held that licences for the broadcast of football matches...

Nurturing the Olympic Spirit: Supervision of subordinate bodies by the IOC

By Abhinava Shrivastava Introduction The Olympic Movement and the Olympic Games are meant to serve as a cohesive platform where athletes from diverse backgrounds from across the world exhibit their sporting calibre. The mandate of the Olympic Movement is inclusive, and actively encourages the participation and representation...

Child Safety in Sports

By Shwethambara Mani and Shibumi Raje Introduction Children and sport speak the universal language of fun, friendship, discipline and achievement. Sport significantly contributes to a child’s mental, social and physical skills by building tolerance, discipline, focus and respect. While childhood is often a precious period for building...

Kick It Out: Tackling Racism in Football

By Seshank Shekar Introduction The controversy concerning racism in English professional football over the past year came to a conclusion earlier this month, as the English Football Association (“FA”) sanctioned Chelsea Football Club (“Chelsea”) captain John Terry over alleged racist comments made to Queens Park Rangers (“QPR”)...

Bad Boys, Bad Boys, Whatcha Gonna Do? Moral Clauses In Endorsement Contracts

By Roshan Gopalakrishna Introduction Celebrities are often the top choice for advertisers, sponsors and companies when it comes to brand or product endorsement for a variety of reasons. (This newsletter has previously discussed in detail the broad features of a celebrity endorsement agreement and the use of a celebrity’s...

Event Organisers’ Liability for Crowd Management and Crowd Safety

By Shibumi Raje Introduction In recent times, the issue of spectator violence in sporting events has come to the forefront, leading to the furore over crowd management and crowd safety. There have been multiple instances of harm being caused to spectators at major sporting arenas, the notable...

Pride and Prejudice: The Saga of Carriage Discrimination between the Tennis Channel and Comcast

By Shwethambara Mani Introduction In July 2012, the Federal Communications Commission (“Commission”) held Comcast Cable Communications, LLC (“Comcast”), the largest multi-channel video-programming distributor (“MVPD”) in the United States, liable for carriage discrimination against Tennis Channel. The Commission held that Comcast had given preferential treatment to its affiliates,...

All In: Legal status of Poker as a Game of Skill in light of DiCristina

By Seshank Shekar Introduction In June 2012, the New York Federal District Court convicted poker club owner Lawrence DiCristina on charges of operating and conspiracy to operate an illegal gambling business in violation of the U.S. Federal legislation The Illegal Gambling Business Act, 1970 (“IGBA”). DiCristina (The...

Crowded Out: Learnings from Hillsborough

By Abhinav Shrivastav Introduction The Hillsborough Stadium crush of 1989 (“Hillsborough Crush”) is a key moment in the history of sports arena construction and crowd management, as it led to the removal of standing terraces in all first division and second division football club stadiums and adoption...