There has been a lot
of Commission interest in potential state aid to professional football
clubs in various Member States. The huge
sums of money involved are arguably an important factor in this interest and
conversely, is perhaps the reason why state aid in rugby union is not such a
concern. But whilst the sums of money
may pale into comparison to those of professional football, the implications
for the sport are potentially no less serious.
At the end of the
2012/2013 season, Biarritz Olympique (Biarritz) were relegated from the elite
of French Rugby Union, the Top 14 to the Pro D2. By the skin of their teeth, and as a result
of an injection of cash from the local
council (which amounted
to 400,000€), they were spared administrative relegation to the amateur league
below, the Fédérale 1, which would have occurred as a result of the financial
state of the club.More...
The year 2015 promises to be crucial, and possibly revolutionary, for
State aid in football. The European Commission is taking its time in concluding
its formal investigations into alleged State aid granted to five Dutch clubs
and several Spanish clubs, including Valencia CF and Real Madrid, but the final decisions are due for 2015.
A few months ago, the Commission also received a set of fresh State aid complaints originating from the EU’s newest Member State
Croatia. The complaints were launched by a group of minority shareholders of
the Croatian football club Hajduk Split, who call themselves Naš Hajduk. According to Naš Hajduk, Hajduk Split’s eternal rival, GNK Dinamo
Zagreb, has received more than 30 million Euros in unlawful aid by the city of
Zagreb since 2006.More...
Media reports and interested stakeholders often suggest that
certain types of sports bets would significantly increase the risks of match
fixing occurring. These concerns also surface in policy discussions at both the national and European level.
Frequently calls are made to prohibit the supply of “risky” sports bets as a
means to preserve the integrity of sports competitions.
Questions about the appropriateness of imposing such
limitations on the regulated sports betting, however, still linger. The
lack of access to systematic empirical evidence on betting-related match fixing
has so far limited the capacity of academic research to make a proper risk
assessment of certain types of sports bets.
The ASSER International Sports Law Centre has conducted the first-ever study that assesses the integrity risks of certain sports bets on the
basis of quantitative empirical evidence.
We uniquely obtained access to key statistics from
Sportradar’s Fraud Detection System (FDS). A five-year dataset of football
matches worldwide, which the FDS identified as likely to have been targeted by
match fixers, enabled us to observe patterns and correlations with certain
types of sports bets. In addition, representative samples of football bets
placed with sports betting operator Betfair were collected and analysed.
The results presented in this report, which challenge several claims
about the alleged risks generated by certain types of sports bets, hope to
inform policy makers about the cost-effectiveness of imposing limits on the
regulated sports betting offer.More...
Editor's note (13 July 2015): We (Ben Van Rompuy and I) have just published on SSRN an article on the Pechstein ruling of the OLG. It is available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2621983. Feel free to download it and to share any feedback with us!
On 15 January 2015, the earth must
have been shaking under the offices of the Court of Arbitration for Sport (CAS)
in Lausanne when the Oberlandesgericht München announced its decision in the
Pechstein case. If not entirely unpredictable, the decision went very far
(further than the first instance) in eroding the legal foundations on which
sports arbitration rests. It is improbable (though not impossible) that the
highest German civil court, the Bundesgerichtshof (BGH), which will most likely
be called to pronounce itself in the matter, will entirely dismiss the
reasoning of the Oberlandesgericht. This blogpost is a first examination of the
legal arguments used (Disclaimer: it is based only on the official press release, the full text of the ruling will be published in
the coming months).More...
Over the last twenty years,
professional cycling has developed the reputation of one of the “most drug
soaked sports in the world”.
This should not come as a surprise. The sport’s integrity has plummeted down
due to an unprecedented succession of doping scandals. La crème de la crème of
professional cyclists has been involved in doping incidents including Tyler Hamilton, Floyd Landis, Alejandro
and Lance Armstrong. The once prestigious
Tour de France has been stigmatized as a race of “pharmacological feat, not a
In view of these overwhelming shadows, in
International Cycling Union (UCI), in cooperation with the World Anti-Doping
Agency (WADA) took a leap in the fight against doping. It became the
first International Sports Federation to implement a radical new anti-doping
program known as the Athlete
Biological Passport (ABP).
The summer saga surrounding Luis
Suarez’s vampire instincts is long forgotten, even though it might still play a
role in his surprisingly muted football debut in FC Barcelona’s magic triangle.
However, the full text of the CAS award in the Suarez
case has recently be made available on CAS’s website and we want to grasp this
opportunity to offer a close reading of its holdings. In this regard, one has
to keep in mind that “the object of the appeal is not to request the complete
annulment of the sanction imposed on the Player” (par.33). Instead, Suarez and
Barcelona were seeking to reduce the sanction imposed by FIFA. In their eyes, the
four-month ban handed out by FIFA extending to all football-related activities
and to the access to football stadiums was excessive and disproportionate. Accordingly,
the case offered a great opportunity for CAS to discuss and analyse the
proportionality of disciplinary sanctions based on the FIFA Disciplinary Code (FIFA DC). More...