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Author: Richard Parrish

The increasing commercialisation of sport raises important questions concerning regulation. The development of the European Union (EU) and the internationalization of sporting competition have added an international dimension to this debate. Yet sport is not only a business, it is a social and cultural activity. Can regulation at the EU level reconcile this tension? Adopting a distinctive legal and political analysis, this book argues that the EU is receptive to the claim of sport for special treatment before the law. It investigates the birth of EU sports law and policy by examining the impact of the Bosman ruling and other important European Court of Justice decisions, the relationship between sport and EU competition law, focusing particularly on the broadcasting of sport, the organization of sport and the international transfer system, and the relationship between sport and the EU Treaty, focusing in particular on the impact of the Amsterdam and Nice declarations on sport and the significance of the Helsinki report on sport. This text raises questions concerning the appropriate theoretical tools for analysing European integration.

Richard Parrish

justified as non-economic in nature and as such of sporting interest only? In the Opinion of the Advocate General, the protection of a sporting competition against distortion is in the public interest. As such public interest justifications could be employed to protect transfer deadlines. The ECJ agreed with the submissions of the Basketball Federation that rules on transfer deadlines were sporting rules which were necessary for the organisation of the game. Late transfers could substantially alter the sporting strength of teams in the course of the championship thus

in Sports law and policy in the European Union
Richard Parrish

. Issues such as public order and sport, drugs and sport, safety in sport, disciplinary measures in sport, conduct in sport and wider issues relating to restraint of trade and anti-competitive behaviour in sport are today common features of the national legislative and judicial landscape. The internationalisation of sporting competition and finance combined with the development of the EU has internationalised juridification. Article 3 of the EU’s founding Treaty specified that the activities of the Community shall include ‘an internal market characterised by the

in Sports law and policy in the European Union
Richard Parrish

actual product, the sporting contest, is made. To stage an effective contest, rules regulating competition between participants and rules limiting access to sporting competitions are formed by sports governing bodies. The third market is the supply market where clubs buy and sell players. A potential for a finding of dominance is enhanced due to a number of factors. First, the European model of sport necessitates international sports federations to assume considerable (even monopolistic) control over the activities of members. The ‘market share’ of organisations such

in Sports law and policy in the European Union
Richard Parrish

models of sports regulation. The first is the pure market model in which sport is seen purely as a business, subject to the same type of regulation experienced by other businesses. Although an essentially non-interventionist model, the actors within sport are seen as economically maximising individuals and as such the normal form of regulation is through the market and the predominant legal instrument is regulation. The danger with the free market approach is that sporting competition will be eliminated as the weaker participants struggle to compete with the strong

in Sports law and policy in the European Union