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Jamie Singer, Partner onside law Olympics/ Golf / Tennis Session Introduction Corruption in Sport Evolution of Sports Owners Rights Sporting Exception Ambush Marketing and the Olympics Caster Semenya Corruption in Sport • Specific vulnerabilities in tennis: − − − − Only one individual to corrupt Numerous “non-outcome orientated” events to bet on Liquidity of the market on top matches Number of professional matches and events to bet on • Implementation of the Anti Corruption Program in tennis • Practical experiences in 2009: − Ekaterina Bychkova – 30 day ban & USD $5,000 fine for failure to report an approach • Practical experiences in 2009: − Potential litigation with Italian players, Federico Luzzi and colleagues banned for betting on tennis matches − Importance and difficulty of securing evidence without assistance from the police − Co-operation between betting companies, rights-holders and Government authorities. Evolution of Sports Governing Body’s Rights • Volume of sports betting and sums involved intensifying pressure on integrity units • Perception that betting companies are generating large profits from betting without contributing to sport • Australia’s levy on bookmaker’s taking bets on designated sporting events • Roland Garros’ legal action against betting companies for “parasitism” and trade mark infringement. Counter Arguments • Principal threat is from unlicensed and illegal gambling operators • Legitimate online gambling companies do invest in sport through advertising / sponsorship • Restrictions could constitute an infringement of EU Competition Law – Free Movement of Services. Sporting Exception • Do rules of a “purely sporting nature” fall outside the scope of EU Competition Law? • Case of Meca-Medina • Any restrictions must be legitimate and proportionate. Ambush Marketing and the Olympics • New Olympic Association Right created by the 2006 Act • The Olympic symbol, Olympic motto and Olympic associated words cannot be used by unauthorised parties in the course of trade • Listed expressions: Any two of the words in list A below OR any word in list A with 1 or more of the words in list B: List A: Games Two Thousand and Twelve 2012 Twenty-Twelve List B: London medals sponsors summer gold silver bronze • Olympic Advertising and Street Trading Regulations − Geographical restriction zones − Restrictions on all advertising including mobile, aerial and experimental. • Product placement − Ofcom’s ruling against Sky regarding Specsaver’s sponsorship of Hawk Eye Technology used in coverage of the Ashes − Liberalisation of restrictions on product placement in accordance with the EU’s Audiovisual Media Services Directive. Caster Semenya • Obligation of confidentiality owed by a governing body to an athlete • In the “modern world” what are the eligibility criteria for female athletes? • How do you sensitively, but accurately, determine eligibility? • Do boys always beat girls anyway? onside law 23 Elysium Gate 126- 128 New Kings Road London SW6 4LZ www.onsidelaw.co.uk +44 (0) 20 7384 6920