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By Nihal Zachariah Introduction On May 31, 2013, the Competition Commission of India (the “Commission”) passed an order in the case of Dhanraj Pillay & Ors v. M/S Hockey India (Case No. 73/2011), and cleared Hockey India (“HI”) and the International Hockey Federation (“FIH”) from allegations of abuse of dominant position and anti-competitive practices. However, … Continue reading
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 of their databases comprising of match fixtures and … Continue reading
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 ‘right of first refusal’ clause therein, by reportedly … Continue reading
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 “Respondents”), against New Delhi Television Ltd (“NDTV”), … Continue reading
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 in match-fixing. Factual Background In response to allegations … Continue reading
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 which granted broadcasters territorial exclusivity and which … Continue reading
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 attributes.) While this is an effective endorsement and … Continue reading
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, Golf Channel and Versus, and discriminated against the … Continue reading
By Fatema Merchant Introduction The excitement and frenzy surrounding a sporting event is usually fuelled by contentious umpiring and referee decisions which may whip up mixed reactions depending on whose favour they are in. The referee and other officials presiding over a match more often than not operate under high pressure which only swells as … Continue reading
By Nandan Kamath “The most important thing in life is not the triumph but the struggle. The essential thing is not to have conquered but to have fought well.” Baron Pierre Coubertin, founder of the Modern Olympics. Introduction In the recently concluded London 2012 Olympic Games (“Games”), eight female badminton players from three Asian nations … Continue reading
By Roshan Gopalakrishna Introduction The ad-hoc division of the Court of Arbitration for Sport (CAS) was set up to operate from the venues of major sporting event such as the Olympics, Commonwealth Games etc. with the intention to expeditiously resolve the disputes arising during such games. According to Article 61.2 of the Olympic Charter, “Any dispute … Continue reading
By Fatema Merchant Introduction An opportunity to represent the country at international sporting events is a highpoint in every athlete’s career. Athletes commit to training persistently for years in pursuance of this objective. In India, the Indian Olympic Association (“IOA”) performs the crucial function of finalizing athletes to represent India at the Olympics and other … Continue reading
By Roshan Gopalakrishna Introduction One of the most challenging tasks for any national or international governing body of a sport is the development of fool proof criteria for team selection. However, a large part of the selection process comprises a subjective element that cannot be quantified. Therefore, prior to any major sporting event, and, particularly … Continue reading
By Seshank Shekar Introduction Personal brand endorsement agreements are an inherent part of the entertainment and sports industries. Brands spend millions in order to align themselves with a successful and attractive personality in the hope that such association will register a connection with potential customers. Most of these endorsement agreements for “personal services” secure … Continue reading
By Nandan Kamath Introduction The inherent nature of sports tempts the participants to pursue excellence in their quest to reach the pinnacle. However, one of the major challenges faced by the athlete in such a pursuit is injuries. Injuries in sports mostly result from the risks indigenous to the sporting activity; however, occasionally they are … Continue reading
By Roshan Gopalakrishna Copyright law protects original works of authorship that are expressed in a tangible form, which includes writings, drawings, video games, movies, songs, etc. and restricts others from using such protected work. However, there are a few exceptions which limit the monopoly of authors over their creations. The doctrine of ‘Fair Use’ is … Continue reading
By Fatema Merchant “Football isn’t a contact sport; it’s a collision sport. Dancing is a contact sport.” -Duffy Daughtery, former American football player and coach Introduction With an average team value of over 1 billion USD, the National Football League (“NFL”) is the most valuable sports business in the world. Formed in 1920, it is divided … Continue reading
By Vidya Narayanswamy Introduction A question that most frequently visits sport is – who is responsible for injuries resulting from sporting accidents? The answer to this question lies in a branch of law known as “tort” law. Unlike other legal words such as “contract” and “crime”, tort does not form part of our daily vocabulary … Continue reading
Case review Nike, Inc. v. Reebok International, U.S. District Court for the Southern District of New York No.12-2275. Introduction On March 28, 2012, U.S. District Judge Kevin Castel of the United States District Court for the Southern District of New York passed a temporary restraining order in favour of Nike, Inc., restraining Reebok from manufacturing, distributing, … Continue reading
By Fatema Merchant Introduction Acts which cause injury to other players may be exempted from sanctions whether criminal or tortious if they fall within the framework of the sporting activity. However, conspicuous, deliberate and intentional acts of violence causing such injuries may not escape liability. In addition, in many cases the employers of players such … Continue reading
By Fatema Merchant Introduction The recent averments made by Mohammed Amir that he was blackmailed into bowling no-ball deliveries by Mazhar Majeed and the spot fixing assertions against professional football, volleyball and baseball players of South Korea have brought the much debated issue of match fixing in sporting activities under the spotlight once again. The … Continue reading
By Vidya Narayanswamy Introduction Match-fixing and spot-fixing are seen as some of modern cricket’s greatest challenges, as they undermine public confidence in the authenticity and integrity of the game. Although suspected to have existed since the 1990s, law-enforcement authorities and cricket boards woke up to the challenge only in 2000, after then South African captain … Continue reading
By Roshan Gopalakrishna “I sometimes used to sit on my bike, weeping with the pain.” – Eddy Merckx, former Belgian professional cyclist. 3.1 CAS 2011/A/2384 UCI v. Alberto Contador Velasco and RFEC; CAS 2011/A/2386 WADA v. Alberto Contador Velasco and RFEC. Introduction On February 6, 2012 the Court of Arbitration for Sport (‘CAS’) delivered its … Continue reading
Case review: C-604/10 Football Dataco Ltd and others v. Yahoo! UK Limited and others Introduction On December 15, 2011, Advocate-General Mengozzi submitted his opinion regarding a reference to the Court of Justice of the European Union (‘ECJ’) from the Court of Appeal of the United Kingdom. The question before the court concerned was whether football … Continue reading
By Nandan Kamath Introduction 2011 has been an eventful year in sports law, both internationally and in India, and 2012 promises to be no different. With an evolving sports industry and the growing commercial and spectator interest in international sports events, this rather young body of law is running hard to keep pace – most … Continue reading
By Nandan Kamath Introduction Collective Bargaining is a mechanism involving discussions and negotiations between one or more employers and the representatives of the group of employees, with a view to determine mutually agreed upon terms and conditions of employment and other affiliated matters. Although collective bargaining has had its presence almost in perpetuity in the … Continue reading
By Nandan Kamath Introduction On the 137th day of the National Basketball Association (NBA) labour lockout, the players finally decided to dissolve the National Basketball Player’s Association (NBPA), after attempts to carve an amicable Collective Bargaining Agreement (CBA) to between the franchise owners and the NBPA proved to be unsuccessful. This extreme measure was taken … Continue reading
By Roshan Gopalakrishna Case review: United States Olympic Committee v. International Olympic Committee (CAS 2011/O/2422) Introduction On October 6 2011, the Court of Arbitration for Sport (‘CAS’) held that the International Olympic Committee (‘IOC’) rule prohibiting athletes suspended for more than six months for doping related violations from participating in the next Olympic Games following the … Continue reading
By Vidya Narayanaswamy Introduction A player ban is a form of sanction imposed on a player for breaching sporting rules or regulations or any other general code of conduct or ethics applicable to the player. The length of the ban varies based on the seriousness of the breach, but the most extreme form of player … Continue reading
By Nandan Kamath Background Hockey India (“HI”) recently cracked the whip by slapping a two-year ban on star players Sandeep Singh and Sardara Singh – a ban that has reportedly since been revoked. The ban was purportedly a result of the players attending a function organised by World Series Hockey (WSH), without permission, in the … Continue reading
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