3 1 January 2005

News:

The ICC has announced the suspension of the Project USA initiative due to concerns over the governance of the United States of America Cricket Association (USACA)

The All Party Parliamentary Betting and Gaming Group has criticised sporting organisations for failing to tackle the threat posed by cheating. The Group’s report into the Effects of Betting on Sport which was published on 9 February, said,’ we find it surprising that more sports have not followed the lead set by those which have signed Memorandum of Under-standing (“MoU”) with betting companies, and we were alarmed at the complacency shown by one or two of our witnesses.’

The fate of the UK Gambling Bill hangs in the balance as it heads for its second Reading in the House of Lords.

Features:

When governments distort competition, it is always in the “public interest” but when companies do the same thing in an identical manner, imprisonment can result. A good example of this dichotomy at work is to be observed in the disparity in treatment of public and private restrictions of competition in the sports broadcasting rights market. The TV listings legislation reinforces the position of existing national terrestrial broadcasters by preventing satellite broadcasters from bidding against them for key sports rights. Provided that the interference in property rights is proportionate under the Human Rights Act, this is perfectly legal: on the other hand, a private agreement, whereby satellite broadcasters agreed not to bid against national terrestrial broadcasters for such key rights, would actually be a crime for individuals under Section 188 of the Enterprise Act. Furthermore, it would give rise to an action for damages by third parties (in this case sports’ governing bodies) who were adversely affected by the market sharing and collusive tendering agreement.

The battle between Racing UK Ltd and Attheraces over the control of media rights at Doncaster Racecourse has led the High Court to revisit the principles which determine whether an agent who does not have “actual authority” has ostensible authority to bind the principal. Stephen Sampson, a solicitor with Hammonds, examines the case and its implications.

In the last year a growing number of sporting organisations have signed Memorandum of Agreement with Betfair for the exchange of data about unusual betting patterns. Stewart Room, Chair of the National Association of Data Protection Officers, looks at the data protection issues that arise in the investigation of corruption in sport.

Over the past decade, as in most other European leagues, Italian professional football has been hit by a major financial crisis that has driven many prestigious clubs into deep trouble. Quirino Mancini, a partner in Italian law firm, Sinisi Ceschini Mancini, looks at the causes and potential remedies of this crisis.

In a previous edition#, we surveyed the legal and commercial landscape upon which the current court cases relating to control of Formula One, and the debates surrounding the distribution of commercial revenues of the sport, are based. Kevin Groome, a solicitor in Olswang’s sports group, looks at the latest developments.