In June 2014, two prominent Dutch speed skaters, Mark Tuitert
(Olympic Champion 1500m) and Niels Kerstholt
(World Champion short track), filed a competition law complaint against the
International Skating Union (ISU) with the European Commission.
European Commission announced that it has opened a
formal antitrust investigation into International Skating Union (ISU) rules
that permanently ban skaters from competitions such as the Winter Olympics and
the ISU World and European Championships if they take part in events not organised
or promoted by the ISU. The Commissioner for Competition, Margrethe Vestager, stated that the Commission "will
investigate if such rules are being abused to enforce a monopoly over the
organisation of sporting events or otherwise restrict competition. Athletes can
only compete at the highest level for a limited number of years, so there must
be good reasons for preventing them to take part in events."
the case originates from legal advice provided by the ASSER International
Sports Law Centre, we thought it would be helpful to provide some
clarifications on the background of the case and the main legal issues at
Wil is working as a lawyer since 1980. He
started his legal career at Rechtshulp Rotterdam. Later on he worked for the
Dutch national trade union FNV and law firm Varrolaan Advocaten. Currently he
is participating in the Labour Law Section of lawfirm MHZ-advocaten in Schiedam
in the Netherlands. He is also a member of a joint committee advising the government
in labour issues.
Since 1991 he is dealing with the labour issues
of the trade union for professional football players VVCS and cyclists’ union
VVBW. Since 2002, he works for FIFPro, the worldwide union for professional
football players based in Hoofddorp in the Netherlands. He is involved in many
international football cases and provides legal support for FIFPro members all
over the world. Wil was also involved in the FIFPro Black Book campaign on
match fixing and corruption in Eastern Europe. More...
Rien ne va plus at FIFA. The news that FIFA’s Secretary General Jérôme Valcke
was put on leave and released from his
duties has been quickly overtaken by the opening of a criminal investigation targeting
both Blatter and Platini.
With FIFA hopping from one scandal to the next, one
tends to disregard the fact that it has been attempting (or rather pretending) to
improve the governance of the organisation for some years now. In previous
blogs (here and here), we
discussed the so-called ‘FIFA Governance Reform Project’, a project carried out
by the Independent Governance Committee (IGC) under the leadership of Prof. Dr.
Mark Pieth of the Basel Institute on Governance. Their third and final report, published
on 22 April 2014, listed a set of achievements made by FIFA in the area of good
governance since 2011, such as establishing an Audit and Compliance Committee (A&C).
However, the report also indicated the reform proposals that FIFA had not met.
These proposals included the introduction of term limits for specific FIFA
officials (e.g. the President) as well as introducing an integrity review
procedure for all the members of the Executive Committee (ExCo) and the
Standing Committees. More...
Piotr is an intern at the ASSER International Sports Law Centre.
On 24 July the Court of Arbitration
for Sport (CAS) issued its decision in the proceedings brought by the Indian
athlete Ms. Dutee Chand against the Athletics Federation of India (AFI) and the
International Association of Athletics Federations (IAAF) in which she
challenged the validity of the IAAF Regulations Governing Eligibility of
Female with Hyperandrogenism to Compete in Women’s Competition (Regulations). The Regulations were
established in 2011 as a response to the controversies surrounding South
African athlete Caster Semenya (see e.g.
here, here, and here), and for the purpose of
safeguarding fairness in sport by prohibiting women with hyperandrogenism, i.e. those with excessive levels of
endogenous (naturally occurring) testosterone, from competing in women athletics
competitions. Owing to the subject-matter that the Regulations cover, the case
before the CAS generated complex legal, scientific and ethical questions. The
following case note thus aims at explaining how the Panel addressed the issues
raised by the Indian athlete. It follows a previous blog we published in December 2014 that
analysed the arguments raised in favour of Ms. Chand. More...
Editor's note: James Kitching is Legal Counsel and Secretary to the AFC judicial bodies at the Asian Football Confederation. James is an Australian and Italian citizen and one of the few Australians working in international sports law. He is admitted as barrister and solicitor in the Supreme Court of South Australia. James graduated from the International Master in the Management, Law, and Humanities of Sport offered by the Centre International d'Etude du Sport in July 2012.
On 12 May 2015, the Court of Arbitration for Sport (CAS) announced that the World
Anti-Doping Agency (WADA) had filed
an appeal against the decision issued by the Australian Football League (AFL) Anti-Doping Tribunal (AADT) that thirty-four current and
former players of Essendon Football Club (Essendon)
had not committed any anti-doping rule violation (ADRV) identified within the AFL Anti-Doping Code (AADC). The players had each been charged with using
Thymosin-Beta 4 (TB4) during the
2012 AFL season.
On 1 June 2015, WADA announced that it had filed an appeal against the decision by the AADT to clear Mr.
Stephen Dank (Dank), a sports
scientist employed at Essendon during the relevant period, of twenty-one
charges of violating the AADC. Dank was, however, found guilty of ten charges and banned for life.
This blog will solely discuss the likelihood of the
first AADT decision (the Decision)
being overturned by the CAS. It will briefly summarise the facts, discuss the
applicable rules and decision of the AADT, review similar cases involving ‘non-analytical
positive’ ADRVs relating to the use of a prohibited substance or a prohibited
method, and examine whether the Code of Sports-related Arbitration (CAS Code) is able to assist WADA in its
This blog will not examine the soap opera that was
the two years leading-up to the Decision. Readers seeking a comprehensive
factual background should view the excellent up-to-date timeline published by the
Australian Broadcasting Corporation. More...