4 1 January 2006

News:

The FA Premier League inquiry into alleged transfer bung payments is not expected to produce any firm result according to leading sports insiders.

Former world 100 meters record holder Tim Montgomery has asked the Court of Arbitration for Sport (CAS) to annul his two-year doping ban because of a CAS arbitrator's alleged conflict of interest.

The Paris Court of Appeal confirmed in a 4 January judgment that Malta-based online horse betting operator Zeturf is not permitted to offer its betting services to consumers in French territories.

Features:

The latest case in the BHB saga involving At The Races not only represents another blow to the BHB's funding strategies, but is significant in that a UK court has for the first time held that organisations, including sports governing bodies, can be guilty of abusing their dominant position under UK competition law. Neil Baylis and Martin King of Kirkpatrick & Lockhart Nicholson Graham LLP examine the case and its implications.

With the huge commercial and marketing value of this Summer's football World Cup, great importance is placed on the name of the event and who can use it. Olaf Gillert and Dr Frank Schiwek of Taylor Wessing, Dusseldorf, report on a recent German judgment where competition law was used instead of trade mark law to rule in favour of the plaintiff, FIFA.

The London Olympics Bill, designed to protect the commercial interests of business partners to the Games, has caused considerable controversy since being published, particularly in its regulation of ambush marketing. Sam Hollis, a solicitor at Athletes1 Legal assesses the proposed legislation.

The international dimension to sport and commerce means litigation can be expensive. The Arbitration and Mediation Centre of WIPO provides arbitration and mediation services which are cost and time effective alternatives to court actions. Ian Blackshaw examines the issues.

For the first time internet and mobile phone rights will be included in the future broadcast packages for the FA Premier League. However, with Sky announcing its intention to move into both markets, there are concerns that its market dominance under the new regime may continue. Dominic Farnsworth and Dr Thomas Hays of Lewis Silkin examine the issues.

In an action that reflects developments throughout the EU, where private operators are challenging state monoploies over the right to offer online gambling services, a French court has ruled in favour of the national operator. Thibault Verbiest of Ulys questions the judgment.