Asser International Sports Law Blog

Our International Sports Law Diary
The Asser International Sports Law Centre is part of the T.M.C. Asser Instituut

Last Call - ISLJ Conference 2025 - Twenty years of the World Anti-Doping Code in action - Asser Institute - 6-7 November

Dear readers,

You can still join us (in-person or virtually) on Thursday 6 November and Friday 7 November for the 2025 International Sports Law Journal (ISLJ) Conference at the Asser Institute in The Hague. This year's edition of the ISLJ conference will focus on assessing the first 20 years (2004-2024) of operation of the World Anti-Doping Code (WADC) since its entry into force in 2004. It will also discuss its future prospects, in light of the new version of the Code due to be adopted at the Busan Conference in December 2025, and the 10th Conference of the Parties to the International Convention against Doping in Sport, to be held in Paris from 20 to 22 October 2025.

The aim of the ISLJ conference is to take a comprehensive stock of the operation of the private-public transnational regulatory regime which emerged in the wake of the WADC. This regime is structured around a complex network of national and global institutions engaged in anti-doping work (WADA, NADAs, IFs, accredited laboratories) and guided by an equally complex assemblage of norms located at the global (WADC and the WADA Standards), international (UNESCO Convention against Doping in Sport), regional (Council of Europe Anti-Doping Convention), and national (various national anti-doping legislation) level. This makes for a fascinating and convoluted transnational legal construct in need of being studied, analysed and criticised by scholars. 

The conference will start with an opening speech delivered by Travis Tyggart, the CEO of USADA, who is a prominent anti-doping executive, but also a critical observer of the current operation of the world anti-doping system. It will be followed by a range of panels touching on the governance of the World anti-doping regime, the role of national institutions in its operation, the due process rights of athletes in anti-doping proceedings, the boundaries of athlete responsibility in doping cases, the main legal pillars (such as strict liability) underpinning of the WADC, and the enforcement of the WADC.


You will find the latest programme of the conference HERE


You can still register for in-person or online participation HERE


Reflecting on Athletes' Rights on the Road to the Olympic Games: The Unfortunate Story of Nayoka Clunis - By Saverio Paolo Spera and Jacques Blondin

Editor's note: Saverio Paolo Spera is an Italian qualified attorney-at-law. He holds an LL.M. in international business law from King’s College London. He is the co-founder of SP.IN Law, a Zurich based international sports law firm. Jacques Blondin is an Italian qualified attorney, who held different roles at FIFA, including Head of FIFA TMS and Head of FIFA Regulatory Enforcement. He is the co-founder of SP.IN Law. The Authors wish to disclaim that they have represented Ms. Nayoka Clunis before the Court of Arbitration for Sport in Lausanne in the context of the proceedings which led to the Award of 31 July 2024.

 

  

Every four years since more than a century,[1] a spectacular display of sportsmanship takes place over the course of a few weeks during the summer: the Olympic Games.[2]

         For thousands of athletes around the globe, the Olympic Games are “the pinnacle of success and the ultimate goal of athletic competition”.[3] In their quest to compete in the most important stage of their sport, they endure demanding and time-consuming efforts (often including considerable financial sacrifices). These endeavours occasionally lead to everlasting glory (the exploits of athletes of the calibre of Carl Lewis, or more recently, Usain Bolt[4] still resonate among sports’ observers), more often to a shorter gratification. Whether their gestures end up going down the sport’s history books or last the span of a few competitions, athletes are always the key actors of a magnificent event that continues to feed the imagination of generations of sports fans. 

And yet, situations may occur when athletes find themselves at the mercy of their respective federations in the selection process for the Olympic Games and, should the federations fail them (for whatever reason), face an insurmountable jurisdictional obstacle to have their voice heard by the only arbitral tribunal appointed to safeguard their rights in a swift and specialised manner: the Court of Arbitration for Sport (the “CAS”).[5]

This is the story of Nayoka Clunis, a Jamaican world class hammer throw athlete who had qualified for the Olympic Games of Paris 2024 and yet, due to no fault of her own, could not participate in the pinnacle of competitions in her sport. Though eligible in light of her world ranking, she was failed by her own federation[6] [AD1] [SPS2] and ultimately found herself in the unfortunate – but legally unescapable – vacuum whereby neither the CAS Ad Hoc Division in Paris nor the ‘regular’ CAS division in Lausanne had jurisdiction to entertain her claim.  

The aim of this paper is not to discuss whether Ms. Clunis would have had a chance to successfully prove her claims and compete in Paris had her case been heard on the merits, nor to debate about the appropriateness of a national federation’s selection process (also because Ms. Clunis never challenged it, having been eligible ‘from day one’).[7] Retracing the story of a sportswoman’s dramatic misfortune, this paper aims at providing an opportunity to reflect on how effective the safeguard of athletes’ rights in the context of the Olympic Games actually is. More...

Call for contributions - Sporting Succession in Selected Jurisdictions - Edited by Jacob Kornbeck and Laura Donnellan - Deadline 1 October 2025

  

Expressions of interest are invited from colleagues who would like to contribute to an edited book on Sporting Succession in Selected Jurisdictions. Interested colleagues are invited to send their abstracts jointly to laura.donnellan@ul.ie and klausjacob.kornbeck@gmail.com. If you are unsure about how your research would fit in, please feel free to reach out to us via email before writing your abstract. Abstracts received will be included into a book proposal to be submitted to a major English-speaking publisher. Colleagues will be notified by us once we have received the reaction of the publisher, at which point we shall decide about further steps to be taken in the process. 

 

The book will be edited by Jacob Kornbeck, BSc, MA, LLM, PhD, DrPhil, Programme Manager in the European Commission (but acting strictly in a private capacity) and external lecturer at the University of Lille, inter alia, and Laura Donnellan, LLB, LLM, PhD, Associate Professor in the School of Law, University of Limerick.

 

The following incorporates the most salient ideas from a presentation made by Jacob Kornbeck at the Sport&EU Conference in Angers (June 2023). 

 

The concept of sporting succession permits making claims against sporting entities which can be considered as sporting successors to previously existing sporting entities, even where the previous entities have been wound up and have been dissolved under normal bankruptcy and succession rules. No fault is required for sporting succession to be invoked and considered, and the concept may even apply in certain cases where the previous entity has not even been dissolved legally (CAS 2023/A/9809 Karpaty FC v. FIFA, Cristóbal Márquez Crespo & FC Karpaty Halych. 18 July 2024). While the implementation of the relevant FIFA rules by national FAs has been documented comprehensively in a recent edited book (Cambreleng Contreras, Samarath & Vandellós Alamilla (eds), Sporting Succession in Football. Salerno, SLPC, 2022), no known book or article addresses the overlap, interplay and potential conflict of norms between the lex sportiva of sporting succession and the public law or successions, etc. 

 

Provisions on sporting succession were first inserted into the FIFA Disciplinary Code 2019 with the effect that, whenever a sporting entity declares bankruptcy or is otherwise wound up, the notion of sporting succession applies to its unpaid financial liabilities and may be imputed to a so-called sporting successor, even if that successor is an entity legally distinct, according to the usual rules under public law, from the previous entity. Article 14 of the FIFA Disciplinary Code 2023 governs ‘failure to respect decisions,’ understood as failure to ‘pay another person (such as a player, a coach or a club) or FIFA a sum of money in full or part, even though instructed to do so by a body, a committee, a subsidiary or an instance of FIFA or a CAS decision (financial decision), or anyone who fails to comply with another final decision (non-financial decision) passed by a body, a committee, a subsidiary or an instance of FIFA, or by CAS.’ Article 21(4) extends the scope of the provision to the ‘sporting successor of a non-compliant party’ who ‘shall also be considered a non-compliant party and thus subject to the obligations under this provision. Criteria to assess whether an entity is to be considered as the sporting successor of another entity are, among others, its headquarters, name, legal form, team colours, players, shareholders or stakeholders or ownership and the category of competition concerned.’ Further provision is made in Article 21(7). In practice, this means that a club which carries on the legacy on a previous club, drawing on its cultural capital, fan base, etc., may be liable to paid unpaid debts of that previous club. These arrangements seem unusual prima facie.

 

Organs of FIFA have power to enforce these rules and to hear appeals against such decisions, while their decisions may be appealed to the Court of Arbitration for Sport (CAS) and/or to the Swiss judiciary (see Victor Piţurcă v Romanian Football Federation & U Craiova 1948 SA (CAS 2021/A/8331) (2023) as well as well as the rulings of the Federal Tribunal in the cases Youness Bengelloun (2022) and Júlio César da Silva et Souza (2022) based on Article 190 LDIP (Federal Act on Private International Law). 

 

While the concept of sporting succession offers a striking example of a provision for specificity enshrined in a sporting regulation and applied within the sports community, its pertinence under public law remains largely unaccounted for. With the (apparent) exception of one Swiss PhD thesis (Derungs, 2022), the issues which it raises seem so far to have failed to trigger the scholarship which they might deserve, especially in a comparative legal research perspective. The aim of the envisaged edited book is to explore the issue in a comparative perspective, not only across jurisdictions but also across different branches of the law. We hope in particular to receive abstracts on the following:


  • Examples from the most representative European (and possibly extra-European) countries of overlap, interplay and potential conflict of norms between the lex sportiva of sporting succession and the public law or successions, etc. Ideally, the book should include chapters from and about the biggest European countries which are most relevant to the football industry while, at the same time, it would seem crucial that the most important legal traditions (French and German civil law, common law, Nordic law) should be represented. 
  • Perspectives of players and other stakeholders.
  • Examples from other sports than football, if appropriate.
  • Examples of overlap, interplay and potential conflict of norms between the lex sportiva of sporting succession and other branches of lex sportiva, if applicable.
  • Examples of overlap, interplay and potential conflict of norms between the lex sportiva of sporting succession, on the one hand, and new developments in sports such as AI and esports, on the other.
  • If we have overlooked a meaningful nuance, please feel free to flag this in your submission and make corresponding proposals to us. 

Please send us your abstracts jointly to laura.donnellan@ul.ie and klausjacob.kornbeck@gmail.com no later than 1 October 2025. 

Call for Papers - Long-term contracts in sport: The private foundations of sports law and governance - University of Inland Norway - Deadline 15 June

The University of Inland Norway and the Asser International Sports Law Centre invite the submission of abstracts for a workshop in Lillehammer on 4 and 5 December exploring the role of long-term contracts in sport and their characteristics through a variety of theoretical and methodological lenses.

Contracts play a crucial role in the world of sport, particularly long-term contracts. Contractual agreements form the foundation of transnational sports governance, SGBs are all formally the product of a specific time of contract (be it in the form of an association or corporation) often justifying the autonomy of sport and its private governance at a (more or less far) distance from the state.

Moreover, contracts establish long-term commitments between the parties involved, raising a variety of questions regarding the asymmetry in their positions, the scope of party autonomy, contractual mechanisms for addressing uncertainty, and their interaction with domestic and international mandatory regulations, among others. In short, it is impossible to fully understand the operation and limitations of transnational sports law and governance without investigating the many ways in which it is embedded in long-term contracts ruled by a variety of contract laws.

This workshop proposes to explore the role of long-term contracts in sport and their characteristics through a variety of theoretical and methodological lenses.

We welcome proposals touching on the following issues/case studies:

  • The concept of time in sport and the definition of ‘long-term’ in sport-related contracts;
  • The function of long-term contracts in transnational sports governance;
  • The function of long-term contracts in the operation of private dispute resolution mechanisms (CAS, BAT, FIFA DRC);
  • The transactional nature of long-term contracts in sport;
  • The relational nature of long-term contracts in sport;
  • The conflict between private autonomy and long-term contracts in sport;
  • The intersection between private and public in the operation of long-term contracts in sport;
  • Specific contractual arrangements, including:
    • Contracts of association and SGBs
    • Long-term (labour) contracts with athletes and coaches;
    • Contracts related to the organization of mega-sporting events, including host city contracts;
    • TV and media long-term contracts;
    • Sponsorship agreements;
    • and more.

Abstracts must be sent to Yuliya Chernykh (yuliya.chernykh@inn.no) by 15 June. 

New Training - Summer Programme on International sport and human rights - Online - 21-28 May

Since 2022, the T.M.C. Asser Instituut, in collaboration with the Centre for Sport and Human Rights, is organising the first yearly summer course on the intersection of sport and human rights. This 4th edition brings together scholars specialised in the intersection between sport and human rights with professionals working in international sport to ensure respect for human rights. We will explore contemporary human rights challenges in sports, such as the protections of human rights at mega-sporting events, access to remedy in human rights cases within the world of sport, the intersection between human rights and gender rights in international sporting competitions, and many more. 


The programme is designed to provide both deep background knowledge and actionnable insights, which will be relevant to a range of participants committed to defending human rights in international sport, including students, junior researchers, representatives of CSOs, sporting organisations, and athletes. It is structured around half days taking place online meant to accommodate as many participants as possible throughout the world. 


Check out the latest draft programme below and register HERE


Call for Papers - 20 Years of the World Anti-Doping Code in Action - ISLJ Conference 2025 - 6 & 7 November 2025


 


Call for papers

20 years of the World Anti-Doping Code in Action

International Sports Law Journal Conference 2025

Asser Institute, The Hague

6 and 7 November 2025

 

The Editors of the International Sports Law Journal (ISLJ), the Asser Institute and the Research Chair on Responsible Sport of the University of Sherbrooke invite you to submit abstracts for the ISLJ Conference on International Sports Law, which will take place on 6 and 7 November 2025 at the Asser Institute in The Hague. The ISLJ, published by Springer and T.M.C. Asser Press, is the leading academic publication in the field of international sports law and governance. The conference is a unique occasion to discuss the main legal issues affecting international sports with academics and practitioners from all around the world. 

 

The 2025 ISLJ Conference will focus on assessing the first 20 years (2004-2024) of operation of the World Anti-Doping Code (WADC) since its entry into force in 2004, while also discussing its future prospects, in light of the new version of the Code due to be adopted at the Busan Conference in December 2025 and the 10th Conference of the Parties to the International Convention against Doping in Sport, to be held in Paris from 20 to 22 October. The aim of the conference will be to take a comprehensive stock of the operation of the private-public transnational regulatory regime which emerged in the wake of the WADC.  This regime is structured around a complex network of national and global institutions engaged in anti-doping work (WADA, NADAs, IFs, accredited laboratories) and guided by an equally complex assemblage of norms located at the global (WADC and the WADA Standards), international (UNESCO Convention against Doping in Sport), regional (Council of Europe Anti-Doping Convention), and national (various national anti-doping legislations) level. This makes for a fascinating and convoluted transnational legal construct in need of being studied, analysed and criticised by scholars. 

 

Reviewing 20 years of implementation of the WADC warrants a special edition of the ISLJ Conference and of the journal, which invites scholars of all disciplines to reflect on the many questions and issues linked with it. We welcome proposals touching on the following subjects (and more): 

  • The governance of the world anti-doping regime
    • The public-private nature of this governance
    • The transparency of this governance
    • The legitimacy of this governance
    • The participatory nature of this governance
    • The role of scientific experts in this governance
  •  The normative content of the WADC and the international standards
    • The strict liability principle 
    • The privacy rights of athletes under the WADC
    • The sanctioning policy under the WADC
    • The role of the international standards in implementing the WADC
    • The compatibility of the WADC with human rights
  • The glocal implementation of the WADC
    • The role of local institutions (NADOs/Labs/NOCs) in the implementation of the WADC
    • The tension between global (WADA) and local (NADOs/Labs/NOCs) in the implementation of the WADC
    • The role of the IFs in the implementation of the WADC
    • The role of the ITA in the implementation of the WADC
    • The role of judicial bodies (national courts, disciplinary committees of IFs, CAS) and their jurisprudence in the implementation of the WADC 
  • The effectiveness of the world anti-doping regime
    • The evaluation and evolution of the effectiveness of the world anti-doping regime in preventing doping
    • The role of the media in unveiling the ineffectiveness of the world anti-doping regime
    • The role of states in hindering the effectiveness of the world anti-doping regime
    • The world anti-doping regime as a regime with a variable geometry of effectiveness
  •  The future of the world anti-doping regime: Revolution, reform or more of the same?
    • Do we need a world anti-doping regime? 
    • If we do, should it be reformed? How? 


Abstracts of 300 words and CVs should be sent no later than 1 June 2025 to a.duval@asser.nl. Selected speakers will be informed by 30 June 2025. The selected participants will be expected to submit a draft paper by 15 October 2025. Papers accepted and presented at the conference are eligible for publication in a special issue of the ISLJ subject to peer-review. The Asser Institute will provide a limited amount of travel and accommodation grants (max. 350€) to early career researchers (doctoral and post-doctoral) in need of financial support. If you wish to be considered for a grant, please indicate it in your submission.  


Zoom-In Webinar - The Aftermath of the Diarra Judgement: Towards a New FIFA Transfer System? - 20 November - 16:00-18:00 CET

On 4 October, the Court of Justice of the European Union shook the world of football with its Diarra ruling. The decision questions the compatibility of a key provision of the FIFA Regulations on the Status and Transfer of Players (RSTP) with European Union internal market law. The RSTP, and in particular its article 17, are the bedrock of football’s transfer ‘market’ and regulate the conditions for the transnational movement of players between clubs. In 2023, based on FIFA’s numbers, 21 801 players were transferred internationally (of which 3279 with a fee) for transfer fees amounting to USD 9.63 bn. In short, this is a market that affects a considerable number of players and is linked with the movement of large sums of money between clubs and other actors (such as intermediaries).

Register HERE

Join us on 20 November from 16:00 to 18:00 CET to take stock of the ruling's impact and discuss the steps ahead in a free Zoom-In webinar in which there will be time for a Q&A session with the speakers. The ruling has already been much commented on (see hereherehere, and here), and this zoom-in webinar will be an opportunity for participants to engage with two experts on the economic and legal intricacies of the regulation of labour relations in football. We will mostly focus on the aftermath of the judgment and the question, 'what comes next?'

Moderator: Marjolaine Viret (Université de Lausanne)

Speakers: 


Register HERE

Free Webinar - The impact of the Diarra case on the football transfer system - 18 October 2024 - 15:00 CET

The Court of Justice of the European Union has recently handed down its judgement in the Lassana Diarra case (C-650/22 FIFA v. BZ).

Given the importance of this case to the sports industry, LawInSport, the Asser Instituut and the Association for the Study of Sport and the EU (Sport & EU) are hosting a joint webinar to bring together experts to unpack and provide clarity on the complex legal, regulatory & commercial issues stemming from this case. This free webinar will be hosted from 14:00 UK time (15:00 CET) on 18 October 2024.


Register HERE 


Speakers

Our expert speakers come from academia, law and sport. Our confirmed speakers are:


Register HERE 

Conference - ISLJ Annual Conference 2024 - 24-25 October - Asser Institute - The Hague

On 24 and 25 October 2024, the Asser Institute in The Hague will host the 2024 edition of the  International Sports Law Journal (ISLJ)  Conference. The ISLJ is the leading academic journal in transnational sports law and governance and is proud to provide a platform for transnational debates on the state of the field. The conference will address a number of issues of interest to the ISLJ and its readers. 

Register HERE

Drivers and effects of reform in transnational sports governance 

Transnational sports governance seems to be in a permanently unstable state of crisis and reform. At regular interval, international sports governing bodies face scandals triggered by corruption investigations or human rights violations, as well as adverse judidicial decisions. These are often followed by waves of institutional reforms, such as the creation of new bodies (E.g. the Athletics Integrity Unit), the adoption of new codes and regulation (such as Codes of Ethics) or human rights commitments (e.g. FIFA and the IOC’s Human Rights Policy/Strategy). This dynamic of crisis and reform will be at the heart of this year’s ISLJ conference, as a number of panels will critically investigate the triggers, transformative effects and limited impacts of reforms in transnational sports governance.  

Football in the midst of international law and relations 
As the war in Gaza and Russia’s invasion of Ukraine continue to rage, it has become even clearer that the football world can hardly be entirely abstracted from international relations. Yet, FIFA and UEFA continue to insist on their neutrality and to deny that their governance is (or should be) affected by the world’s political affairs. During the conference, we will engage with case studies in which football is entangled with international politics and law. In particular, the speakers will delve into the role of FIFA and UEFA in such situations and on the legal standards and processes that should be applied throughout their decision-making.  

Olympic challenges of today and tomorrow 
While the Paris 2024 Olympics have come to a close, the legal questions they have raised are far from exhausted. Instead, the Olympics have highlighted new issues (such as the question of the legality of the hijab ban imposed by the French Federation on its athletes) or old ones (such as the question whether Olympians should be remunerated by the IOC or the international federations), which will be discussed by our speakers. Finally, with the help of our keynote speaker, Prof. Jules Boykoff, a longstanding critique of the current Olympic regime, we will explore the IOC’s capacity to adapt to challenges while resisting radical change to the current model of olympism.   

Download the full programme 

Online participation available 
Following the success of our webinar option in the past years, we are once again allowing online participation to the conference at an affordable price. Thus, we hope to internationalise and diversify our audience and to reach people who are not in a position to travel to The Hague.  

We look forward to welcoming you in person in The Hague or digitally to this new iteration of the ISLJ conference. 

Register HERE

Speakers 


Register HERE


Asser International Sports Law Blog | Is UCI the new ISU? Analysing Velon’s Competition Law Complaint to the European Commission - By Thomas Terraz

Asser International Sports Law Blog

Our International Sports Law Diary
The Asser International Sports Law Centre is part of the T.M.C. Asser Instituut

Is UCI the new ISU? Analysing Velon’s Competition Law Complaint to the European Commission - By Thomas Terraz

Editor’s note: Thomas Terraz is a fourth year LL.B. candidate at the International and European Law programme at The Hague University of Applied Sciences with a specialisation in European Law. Currently he is pursuing an internship at the T.M.C. Asser Institute with a focus on International and European Sports Law.

 

1.     Introduction

The UCI may soon have to navigate treacherous legal waters after being the subject of two competition law based complaints (see here and here) to the European Commission in less than a month over rule changes and decisions made over the past year. One of these complaints stems from Velon, a private limited company owned by 11 out of the 18 World Tour Teams,[1] and the other comes from the Lega del Ciclismo Professionistico, an entity based in Italy representing an amalgamation of stakeholders in Italian professional cycling. While each of the complaints differ on the actual substance, the essence is the same: both are challenging the way the UCI exercises its regulatory power over cycling because of a growing sense that the UCI is impeding the development of cycling as a sport. Albeit in different ways: Velon sees the UCI infringing on its ability to introduce new race structures and technologies; the Lega del Ciclismo Professionistico believes the UCI is cutting opportunities for semi-professional cycling teams, the middle ground between the World Tour Teams and the amateur teams.

While some of the details remain vague, this blog will aim to unpack part of the claims made by Velon in light of previous case law from both the European Commission and the Court of Justice of the European Union (CJEU) to give a preliminary overview of the main legal issues at stake and some of the potential outcomes of the complaint. First, it will be crucial to understand just who/what Velon is before analyzing the substance of Velon’s complaint.

 

2.     Who / What is Velon?

From an outsider’s point of view, the answer to this question is not so obvious as it may seem. Velon itself is owned by 11 World Tour Teams, which is the pinnacle of the UCI’s men’s team classification. In other words, Velon represents more than half of the largest team stakeholders in road cycling.[2] However, Velon does not just simply advocate for these teams’ interests, but it engages in its own economic activities, which can be categorized into two types. First, it has been the organizer of a new series of races called the Hammer Series (or as the UCI would prefer, simply Hammer) where instead of having individual cyclists (competing on behalf of a team) placing individually in a stage of a race, the entire team is classified through a points-based system. The point of this format is ‘crowning the best team in professional cycling’.

Velon also created a ‘digital content and live data platform’ through VelonLive via a partnership with EY, which was first made public in May of this year. VelonLive essentially collects data from road cycling races in order to give spectators more insight into the race. For example, it collects ‘real-time biometric rider data’, including heart rate, power and cadence data from specific riders in a race to on bike cameras and cameras in team cars. The aim is to try to bring the race closer to the spectator by offering more data and new ways to see and understand the race. Major race organizers, like the Giro D’Italia and the Tour of Flanders have jumped on these new race visualization technologies and used VelonLive this year in their respective races.

So not only does Velon act as a representative of a large group of first-rate road cycling teams, but it also organizes races and is working to develop innovative ways for cycling fans to experience road cycling races.

 

3.     The Complaint

Velon, through a press release on their website, announced that it had launched a formal complaint against the UCI to the European Commission on 20 September, 2019 to which it added an ‘Addendum to the Complaint’ on 8 November, 2019. While these press releases and accompanied ‘context notes’ are rather bare in explaining the factual background to the complaint, it is still enough to extract the essence of what is being alleged. At its core, Velon is making a three-pronged complaint against the UCI: first, that the UCI acted in a way that has ‘hampered the development of the Series’ (Hammer Series); secondly, that the UCI is discriminating against women’s cycling by denying the approval of a women’s race that would accompany the already existing men’s race in Hammer Stavanger; lastly, that the amendments to the UCI’s Technical Regulations effectively take away Velon and other race organizers’ control over live race data technologies and were adopted without sufficiently consulting stakeholders.  Concerning the last complaint, Velon seems to be referring to certain amendments from 15 February, 2019 made to the equipment regulations Article 1.3.024ter. The changes essentially introduced a pre-authorization scheme for ‘onboard technology equipment’ in which the UCI or an event organizer with the UCI’s consent must give prior authorization for ‘any intended use by a team or rider’ of such equipment. However, given both the scarce details and length restraints, this blog concentrates on the on the first two elements of the complaint, which are further dissected here.

Velon alleges that the UCI acted to prevent the organization of Hammer races into a series and threatened to not register the men’s Hammer races in the 2020 calendar if Velon proceeded to do so. As of 11 November, 2019, the three men’s Hammer races are still listed in the 2020 calendar, while the women’s Hammer Stavanger race is not listed, since it was rejected by the UCI. Velon also claims that the UCI did not give any reasons for its opposition to the series and that it ‘hampered’ the overall development of the series. Further details are rather murky; however, it is essential to point out that the UCI, like many other SGBs, employs a pre-authorization scheme[3] for cycling events, and it prohibits both teams and individual cyclists (of all levels) in participating in non-authorized third-party events under the threat of sanctions. Individuals may face a one-month suspension and a fine of 50 to 100 CHF.[4] Such an event pre-authorization scheme has been the focal point of two major EU sports competition law cases: the CJEU’s decision in MOTOE and the Commission’s decision concerning the ISU’s eligibility rules. It is likely that if the Commission takes on this case, it will closely scrutinize the UCI’s pre-authorization scheme and its actual application, including the accompanied sanctions. From the outset, it is critical to bear in mind that the CJEU has held that rules of sport governing bodies may escape the prohibitions under Article 101 TFEU  if ‘the consequential effects restrictive of competition are inherent in the pursuit of those objectives (Wouters and Others, paragraph 97) and are proportionate to them’.[5] On the other hand, a dominant undertaking may justify its actions under Article 102 TFEU if it can demonstrate ‘that its conduct is objectively necessary or by demonstrating that its conduct produces substantial efficiencies which outweigh any anti-competitive effects on consumers’.[6]

As a preliminary note, it should be stated that if the Commission decides to pursue the case under Article 102 TFEU, it will not be hard pressed to find the UCI and its respective national federations collectively dominant[7] in the relevant market.[8] The relevant market regarding the Hammer races will most likely be confined to the organization and commercial exploitation of international road cycling races on the worldwide market.[9] Even though the Professional Cycling Council (PCC) adopts the UCI WorldTour calendar, Velon could still contend that the UCI exerts control over its adoption given the composition of the PCC.[10]

 

4.     Analysis of the ‘hampered’ Series and alleged discrimination against women’s cycling

4.1.MOTOE

In MOTOE, ELPA, a Greek motorsport organization, was given the regulatory power through a national law to approve or deny motorsport events in Greece, while also organizing and commercially exploiting such events itself.[11] MOTOE challenged the national law giving ELPA this power after one of its events was not approved. The CJEU ruled that the dual role of ELPA as both a regulator and commercial exploiter was contrary to competition law because it had not given an ‘equality of opportunity’ ‘between the various economic operators’.[12] AG Kokott’s Opinion goes further and describes a ‘conflict of interest’ in which sport governing bodies are placed if they are both the gatekeeper and promoter of sport events.[13] A similar situation in the Commission’s FIA case even resulted in the complete separation of FIA’s ‘commercial and regulatory functions’ in order to cease its breach of EU competition law.[14]

Unlike ELPA, the UCI is not given the power to regulate the events included in its calendar by an act of a state or public body. Nonetheless, it still wields an immense power over the regulation and approval of events in road cycling deriving from its position as the world’s cycling governing body. The UCI also benefits considerably from the registration of events in its calendar, a fact that is quickly verified by having a glance at its yearly financial report,[15] which demonstrates the extent to which it is dependent on revenues connected to its sanctioned events. The UCI can only justify charging fees for events if there is the existence of an official closed calendar of events. Additionally, the UCI itself is an event organizer since it arranges the annual UCI Road World Championships. Therefore, it is very likely that the UCI may be faced with a ‘conflict of interest’ because it holds the keys to its events calendar while having an apparent financial stake in the approval of events.

 At this point, it is also helpful to examine the Commission’s decision in the ISU case which delves in depth on the compatibility of event pre-authorization schemes with EU law.

4.2.The Commission’s ISU Decision

The ISU case concerned two Dutch speed skaters who challenged the ISU eligibility rules precluding them from participating in non-ISU authorized events, subject to a potential lifetime ban (the ban was amended during the proceedings to allow greater flexibility on the sanction but was still found to be contrary to EU law). The concerned skaters wished to participate in IceDerby’s events. IceDerby is an ice-skating events organizer who aimed to create a new race format that would introduce ‘a new type of skating events on a different size track than the ISU recognized track’.[16] This very much echoes some of the fact pattern of the present case in which Hammer seeks to introduce a new road cycling race format. The Commission found that the severity of the sanctions in case of a breach of the ISU’s eligibility rules inherently aimed ‘at preventing athletes from participating in events not authorised by the ISU, resulting in the foreclosure of competing event organizers’.[17] In the end, the case largely turned on whether the ISU’s eligibility rules pursued legitimate objectives and whether they were inherent and proportionate to its aims. The Commission identified that ‘the integrity of the sport, the protection of the athletes’ health and safety and the organisation and proper conduct of sport’ could be considered legitimate objectives but that the ISU’s eligibility rules did not actually pursue any of these objectives.[18] Moreover, the Commission found that the financial and economic interests of the ISU could not be considered legitimate objectives.[19]

In Velon’s complaint, as in the ISU case, there are two connected, yet separate elements that the Commission will most likely have to analyze: (a) the prohibition of participating in non-approved events and the relevant sanctioning framework and (b) the UCI’s events approval process (the pre-authorization scheme). Concerning the former, Pat McQuaid, the former UCI president explained the aim of the rules banning participation in non-approved events in a letter to USA Cycling back in 2013. He explained that it ‘allows for a federative structure’, ‘which is inherent in organised sport and which is essential to being a part of the Olympic movement’. The Commission dismissed this notion in the ISU case when it pointed out that there are several sport federations that do not have an ‘ex-ante control system’ that effectively precludes athletes from participating in third party events.[20] Nevertheless, this stated objective may still fall under the organization and proper function of sport, which was deemed a legitimate objective by the Commission.

However, the issue remains as to whether the UCI’s pre-authorization scheme, the latter element identified above, pursues legitimate objectives while meeting the proportionality requirements.  In other words, why does the UCI oppose the organization of Hammer races in a series and approving a corresponding women’s event? From Velon’s claims, it is questionable whether the UCI has a ‘pre-established objective, nondiscriminatory and proportionate criteria’ in approving events since it claims that it never received an explanation as to why its series was rejected.[21] In addition, the UCI must elaborate its reasoning in denying a women’s Hammer Stavanger event beyond that it ‘was not in the best interest of women’s cycling’. The UCI will have to explain why it not only allegedly threatened to remove Hammer races from the calendar and denied the inclusion of a women’s race but also why it did not provide Velon a full response that gave objective justifications, not tied to any economic or financial interests, as to why it is opposed the organization of a Hammer Series and a women’s Hammer Stavanger race.

In the end, in order for the ISU to keep its event pre-authorization scheme it was required to: (a) ‘provide for sanctions and authorization criteria that are inherent in the pursuit of legitimate objectives’, (b) ‘provide for objective, transparent and non-discriminatory sanctions and authorization criteria’ that are proportionate to its objectives, and (c) ‘provide for an objective, transparent and non-discriminatory procedure for the adoption and effective review of decisions’ concerning the ‘authorisation of speed skating events’.[22] The Commission will likely evaluate the UCI’s pre-authorization scheme in light of these criteria.

4.2.1.    The UCI’s pre-authorisation scheme in light of the ISU criteria

This examination will begin by investigating the second and third criteria before returning to the first criteria. On the second criteria, the UCI lays out the sanctions for participating in ‘forbidden races’ in Part 1 of its Regulations under Article 1.2.021 that plainly states that breaches ‘shall render the licence holder liable to one month’s suspension and a fine of CHF 50 to 100’. Since the sanction is not nearly as draconian as the ISU’s sanctions, the UCI may have a greater chance of arguing that it is proportionate to its objective, although it could still be argued that the sanction does not give much flexibility depending on the circumstances of the case.[23] Concerning the event authorization criteria, the UCI explains the requirements to register a race in the international calendar in the ‘Registration Procedure for UCI Calendars 2020/2020-2021’, which sets out the financial obligations of event organizers, the relevant deadlines, and the documentation[24] that event organizers will have to provide. In addition, the UCI does not have the same intrusive financial disclosure requirements, which was strongly rebuked by the Commission.[25] However, nowhere does it explicitly mention ‘an interest of cycling’ criteria, which makes it a real wonder as to why this was the reason given, according to Velon, concerning the rejection of the women’s Hammer Stavanger race. Consequently, the Commission will have to examine whether the criteria are in practice applied in a uniform and non-discriminatory manner and whether the UCI uses other criteria to assess the inclusion of an event on the international calendar. The Commission did not condone the ISU’s non-exhaustive list of criteria and the broad margin of discretion it had in approving or rejecting event applications.[26]

On the third criteria, the UCI does have a rather transparent process (see flow chart below[27]) concerning the adoption of its calendar, and it also has a process for the review of a rejection of an event application.[28] If the UCI management committee rejects an application, the event organizers may have the opportunity to defend the application. If it does not have this opportunity, the organizer may appeal to the UCI’s arbitral board, however, the decision is final and cannot be appealed further. It is at this point that the UCI’s event pre-authorization scheme may run into further difficulties meeting the ISU criteria because it does not even allow the possibility for the organizer to appeal to the CAS. Even the ISU in its Communication No. 1974 allowed for an appeal to the CAS, which still did not preclude the Commission from questioning the extent an appeals arbitration would ensure the effectiveness of EU competition law, to which it concluded that an appeal to the CAS reinforced the restriction of competition.[29] Against this background, the Commission would likely find the UCI’s grip over the review process restrictive of competition.

Returning to the first of the ISU criteria, the question is whether the UCI’s sanctions and pre-authorization criteria are inherent in the pursuit of a legitimate objective. Considering the above, it is doubtful whether the potentially open list of criteria and the limited effective review of decisions could be considered inherent in the pursuit of a legitimate objective such as ‘the organisation and proper conduct of sport’. Furthermore, Velon’s case may turn on how well it can demonstrate that it has been unjustly put under pressure from the UCI.

4.3. Final thoughts on the ‘hampered’ series

It appears that the UCI has allegedly wielded its regulatory power through its event pre-authorization scheme to force Velon to remove a critical aspect of its races: the series. The UCI’s alleged move is further puzzling by the fact that none of the Hammer races interfere with the men’s or women’s World Tour race calendar (with the exception of Il Lombardia and Hammer Hong Kong), meaning that teams and riders would anyway be available. Even if there was an interference, it is important to keep in mind that professional cycling teams are usually sufficiently large and organized to compete in more than one race in the world simultaneously.

Finally, while the UCI did not actually remove the men’s Hammer races from the calendar, just an imminent threat of doing so may be sufficient to restrict competition. Cyclists are severely discouraged to participate in non-authorized events considering the sanctions they may face. Hence, event organizers, such as Velon, are completely reliant on the UCI to approve their events in order to have any chance at a successful and economically viable event,[30] and consequently, Velon cannot risk losing the UCI’s

approval for the Hammer races. Furthermore, the UCI has in practice already denied a women’s race at Hammer Stavanger, which greatly strengthens Velon’s claims against the UCI. Lastly, given the vagueness of the claim that the UCI overall hampered the development of the Hammer Series, it is possible that there are additional details that have not been publicized that could further support a potential violation of EU competition law by the UCI.

 

5.     Conclusion

Velon has also requested interim measures that would force the UCI’s approval of a women’s race during Hammer Stavanger 2020. However, since interim measures are rarely granted,[31] it is unlikely  Velon will succeed on this front. Nevertheless, based on the discussion above, there are quite a few signs that the UCI has perhaps overstepped its regulatory powers. The UCI’s alleged actions, especially its opposition to the organization of a women’s Hammer Stavanger race, beg the question as to how it will defend its decision as pursuing legitimate objectives and respecting the proportionality requirements. Moreover, it should be recalled that Velon’s complaints also concern the UCI’s equipment regulations and that there is a completely separate complaint from the Lega del Ciclismo Professionistico. Thus, due to the large territorial scope and the potentially wide range of actors affected by the UCI’s actions in these cases, it would be a missed opportunity if the Commission declines to further elucidate how sport governing bodies must exercise their regulatory powers in order to comply with EU competition law, especially when their own financial interests may be in play.


[1] Teams include: Bora-Hansgrohe, CCC Team, Deceuninck–QuickStep, EF Education First, Lotto Soudal, Mitchelton-Scott, Team Ineos, Team Jumbo-Visma, Team Sunweb, Trek-Segafredo and UAE Team Emirates.

[2] Both Team Sunweb and Trek-Segafredo also operate professional women’s cycling teams.

[3] See Registration Procedure for UCI Calendars: 2020/ 2020-2021, 11 on how the UCI approves events.

[4] See UCI Regulations, Part I: General organization of cycling as a sport, arts 1.2.019, 1.2.020, and 1.2.021 and Part 2 Road Races, art 5.006.

[5] Case C-519/04 David Meca-Medina and Igor Majcen v Commission of the European Communities [2006] ECR I-06991, para 42; See also Commission, ‘White Paper on Sport’ COM/2007/0391 final.

[6] Guidance on the Commission’s enforcement priorities in applying Article 82 of the EC Treaty to abusive exclusionary conduct by dominant undertakings [2009] OJ C45/02, para 28.

[7] See the role of the national federations in handling the event registrations in the flow chart under section 4.2.1.

[8] See Commission, ‘Commission Staff Working Document - The EU and Sport: Background and Context - Accompanying document to the White Paper on Sport’ COM(2007) 391 final, section 2.1.4: ‘sports associations usually have practical monopolies in a given sport and may thus normally be considered dominant in the market of the organization of sport events under Article 82 EC’.

[9] Articles 1.2.002 and 1.2.004 of the UCI Regulations govern the cycling calendars, and it separates road cycling events into different calendars: the international calendar, which includes the UCI WorldTour and continental calendars, and the national calendars to which national federations are responsible. The UCI management committee holds the final say concerning the approval of continental calendars, see flow chart in Registration Procedure for UCI Calendars 2020/ 2020-2021, 11.

[10] The PCC is composed of 12 members (six appointed by UCI management, two representing athletes, two representing the WorldTour Teams and two representing the UCI WorldTour Organizers) and a president nominated by the UCI management (after consultation with the other members). However, given the PCC’s aforementioned composition and the fact that decisions are taken by a simple majority vote, in theory, the UCI only needs to rally its members and the UCI appointed president to ensure a motion is passed. Furthermore, ‘the UCI Executive Committee may suspend the application of regulations adopted by the PCC if it considers that interests of the UCI WorldTour are threatened’, see point 15 of the hyperlinked document.

[11] Case C-49/07 Motosykletistiki Omospondia Ellados NPID (MOTOE) v Elliniko Dimosio [2008] ECLI:EU:C:2008:376.

[12] ibid para 51.

[13] Case C-49/07 Motosykletistiki Omospondia Ellados NPID (MOTOE) v Elliniko Dimosio [2008] ECLI:EU:C:2008:376, Opinion of AG Kokott, para 98.

[14] Commission, ‘Notice published pursuant to Article 19(3) of Council Regulation No 17 concerning Cases COMP/35.163 — Notification of FIA Regulations, COMP/36.638 — Notification by FIA/FOA of agreements relating to the FIA Formula One World Championship, COMP/36.776 — GTR/FIA ' others’ (2001/C 169/03) OJ C 169.

[15] See UCI, Financial/Annual Report 2018, 110.

[16] International Skating Union’s Eligibility rules (CASE AT. 40208) [2017] C(2017) 8240, para 64.

[17] ibid para 168.

[18] ibid para 219.

[19] ibid para 220.

[20] ibid para 252.

[21] ibid para 244.

[22] ibid paras 340-342.

[23] The sanctions under the ISU’s 2014 Eligibility Rules also did not examine the specific circumstances of the infringement. See how the Commission examined this issue in ibid paras 260-262.

[24] UCI Regulations, Part I: General organization of cycling as a sport, art 1.2.009 provides that the organizer must submit the following documentation for the first time a race is organized: ‘- type of race (discipline, speciality, format); - description of the course including total length (in km) and, where applicable, that of stages and circuits; - the type and number of participating teams and/or riders' categories wanted; - financial aspects (prizes, travel and subsistence expenses); - references concerning organization’.

[25] International Skating Union’s Eligibility rules, paras 255-256.

[26] ibid para 257.

[27] Taken from the Registration Procedure for UCI Calendars 2020/ 2020-2021, 11.

[28] UCI Regulations, Part I: General organization of cycling as a sport, art 1.2.013.

[29] See International Skating Union’s Eligibility rules, paras 268-286.

[30] See how this issue is mirrored in ibid paras 68 and 133.

[31] Interim measures were only recently granted after not having been issued for nearly 20 years.

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