4 12 December 2006

News:

Mel Stein, Chairman of the Association of Football Agents (AFA), has said that there will be "litigation" if the Football Association's Football Agents Regulations - Draft are introduced, as planned, in May 2007. "People will not stand back and let their business be destroyed", said Stein at World Sports Law Report's Clubs & Players: Morning Briefing at Deloitte's London offices. "These Regulations are in our view a restraint of trade and in parts illegal, and they will be ignored in their current form".

The UK Gambling Commission is to consult on whether gambling companies advertising on children's football shirts encourages child gambling.

The Australian Cricketers Association (ACA) is challenging 'restraint of trade' conditions imposed following a recently agreed three-year sponsorship deal for one-day internationals between Cricket Australia and the Commonwealth Bank.

Features:

I have now given several lectures and even organised seminars on the subject of The Football Association Agents Regulations 2006/07 and yet, when all is said and done, I have to admit to being as confused about the issues as the rest of the football industry (including, it would seem, The FA themselves).

Recent media coverage, focusing on the activities of player agents, has given the Football Association's new Football Agents Regulations a high profile. Mel Goldberg and Simon Pentol consider the impact of the new proposals, and voice the case for lawyers advising on player issues.

West Bromwich Albion FC issued proceedings against a surgeon who advised the club to carry out reconstructive surgery on a player who has not played since 2001, whereas had the surgeon recommended conservative treatment, the player would have been fit again in about four months. Although the Court of Appeal upheld the High Court's decision that the surgeon was not liable, Sohrab Daneshku, an associate at Lewis Silkin LLP, explains how the case highlights the possibility that doctors could be liable to sports clubs for negligent advice in the future.

New anti-ticket touting legislation has recently been passed in the UK, strengthening existing laws to prohibit the illegal sale of tickets over the internet. Max Duthie and Craig Giles, of Bird & Bird, examine the legislation and argue that although it represents a major step in the fight against ticket-touting, stiffer penalties and international cooperation are required to tackle the problem.

BSkyB's failure to secure successful criminal prosecutions against publicans for the alleged unauthorised screening of live FA Premier League matches highlights the difficulties in securing convictions under UK legislation. However, Sky's refusal to raise civil actions in such cases, coupled with competition concerns over live football broadcasting, has also added to current concerns. Daniel Geey of Jones Day examines the issues.

The Argentine Football Association has passed regulations to create a registry of all third party beneficiaries from player transfers. Miguel Remmer, a junior partner with Estudio Beccar Varela, highlights the effect on third parties.

One of the most controversial parts of a new Collaboration Agreement between the Spanish football association and football league this summer was the so-called Franchise Regulations, which allow clubs to sell their right to compete in a competition. Manuel J. Martin Dominguez, head of the sports law department at Gomez-Acebo & Pombo Abogados, explains what the Agreement is trying to achieve, whether it follows the recommendations set out in the Independent European Sport Review, and whether it complies with EU law.