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"Professional sports Law and legislation."
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How to Play the Game
by
Heitner, Darren
in
Practice of law-United States
,
Professional sports-Law and legislation-United States
,
Sports lawyers-United States
2022
There is a distinction between a sports lawyer and all other types of practitioners.It requires a deep understanding of the nuances that largely affect athletes, their representatives, and companies providing products and services in the space.
The Big Leagues Go to Washington
2015
Between 1951 and 1989, Congress held a series of hearings to investigate the antitrust aspects of professional sports leagues. Among the concerns: ownership control of players, restrictions on new franchises, territorial protection, and other cartel-like behaviors. In The Big Leagues Go to Washington , David Surdam chronicles the key issues that arose during the hearings and the ways opposing sides used economic data and theory to define what was right, what was feasible, and what was advantageous to one party or another. As Surdam shows, the hearings affected matters as fundamental to the modern game as broadcasting rights, player drafts and unions, league mergers, and the dominance of the New York Yankees. He also charts how lawmakers from the West and South pressed for the relocation of ailing franchises to their states and the ways savvy owners dodged congressional interference when they could and adapted to it when necessary.
Combatting anti-competitive practices in the commercialised sports industry with special emphasis on sports federations in India
by
Rajesh, Shivani
,
Deshpande, Ashish
,
Irani, Kayomard
in
Competition policy
,
Corporate sponsorship
,
Economic development
2024
‘Yeh Dus Saal Aap key Naam’ (These 10 years are dedicated to the people)-The title of the theme song of the tenth edition of the VIVO Indian Premier League (2017) narrates the story of the sports industry in India. The sports industry has undergone rapid commercialisation since the advent of professional leagues in the various fields of sport. The commercialised sports industry remains to be one of the fastest-growing industries in the world evolving at a rapid pace. However, the path has not been one that has been straightforward. The failure of sound legislation for ‘Sports Law’ in India coupled with various anti-competitive practices arising in the Industry has caused hindrances to the growth of the industry in the near future. The authors in the present paper shed light on the situation concerning ‘Sports Law’ in India. Furthermore, the rapid commercialisation of the industry makes it vital for Competition Law to intervene and safeguard any anti-competitive practices to arise. The paper lays emphasis on the landmark cases which illustrate the interface between competition law and sports in India and various competition law issues such as the abuse of dominance, the identification of relevant market and jurisdiction concerns over the sports federations that arise due to their anti-competitive practices. Therefore, relying on the aforementioned statements, the paper emphasises on the complex relationship between competition law and sports federations in India paving the way for what lies ahead in the near future.
Journal Article
How to Play the Game: What Every Sports Attorney Needs to Know
2022
There is a distinction between a sports lawyer and all other types of practitioners. It requires a deep understanding of the nuances that largely affect athletes, their representatives, and companies providing products and services in the space. It also necessitates an acknowledgment of and ability to effectively communicate and craft relationships with power brokers who may provide financial services, accounting, managerial services, or the like in the specific space. How to Play the Game, by Miami-based attorney and sports agent Darren Heitner, is the go-to source for anyone interested in getting into the field of sports law. It discusses the laws that govern the sports industry, from contract drafting and negotiation to antitrust issues, intellectual property matters, and labor law concerns. It also discusses the role of players' associations, the power of sports commissioners, sports betting regulations, and more. But what makes it truly unique are the real-life case studies involving recognized professional and college sports figures as well as anecdotes from Darren's own experiences as a sports attorney, agent, and media spokesperson for college and professional sports industries. In addition, an appendix contains examples of legal documents--including professional contracts-with which any sports attorney/agent needs to be familiar. In short, if you want to play the game, you need to read How to Play the Game.Praise for the First Edition of How to Play the Game\"The subject matter related to Sports Law is immense. Much in the way International Law is hard to nail down, as virtually every area of law is present in the context of International Law, Sports Law is similar and encompasses many practice areas including, but not limited to, contract, tort, estate planning, intellectual property, labor and employment law, anti-trust, family law, criminal law, litigation, negotiation . . . and the list goes on. If you are looking for a summary of all of these practice areas in about 200 pages, I wish you luck finding it. If you are looking for a survey of topics relevant to your Sports Law practice, with small case studies to provide practical examples of issues you may encounter, then Darren has provided just that for you in his book How to Play the Game: What Every Sports Attorney Needs to Know. One builds a Sports Law practice, or any law practice, one brick at a time. This book is one brick, use it, and others, to build a strong foundation for your practice.\"-Attorney Alexander Scott Dennison\"Mr. Heitner has set the bar with his work. This book is without a doubt the definitive go to piece in the industry. The in-depth knowledge, analysis and factual statements are 100% on-point. Every university with a Sports and/or Entertainment Law/ Management program should make How to Play the Game a mandatory read.\"-Travis Bell, Founder and CEO of The Seven Bridges Group
The NFL-Amazon Agreement vs. Antitrust Legislation: The Future of The National Football League in OTT Services
2023
The 2021 NFL distribution agreement granted exclusive airing rights to Amazon Prime Video (Amazon), an OTT platform, for the first time in history. Since OTT services are novel, the courts have not addressed whether the Sherman Act broadcasting exception applies to the NFL's exclusive streaming agreement. \"17 If the defendant is successful in its assertion, the burden shifts for a final time back to the plaintiff to show either the conduct at issue was not reasonably necessary, or the result of the conduct was achievable by substantially less restrictive means.18 While it is also important for the plaintiff to be a market participant under the rule of reason test, following past precedent, this article will assume the NFL satisfies this requirement.19 B. Interception by the Sports Broadcasting Act of 1961 In 2010, the Supreme Court in American Needle v. NFL emphasized the NFL is not trapped by antitrust law.20 The Court in American Needle stated, \"the special characteristics of this industry may provide a justification for many kinds of agreements. To access these \"Sunday Ticket\" games, NFL fans, for the first time, had to pay a costly subscription fee to DirecTV.27 In 2015, bars, restaurants, and other Sunday Ticket subscribers filed a lawsuit against DirecTV and the NFL claiming the Sunday Ticket exclusive agreement created anti-competitive effects and thus violated Section 1 and 2 of the Sherman Act.28 The plaintiffs in DirecTV argued the NFL-DirecTV agreement is susceptible to the Sherman Act analysis because the SBA does not protect the agreement between DirecTV and the NFL, it only pertains to \"network broadcast television, and does not apply to non-exempt channels of distribution such as. . . satellite television networks. In November 2020, the Court denied certiorari.32 Justice Kavanaugh highlighted the Court would not review the case because it was at the motion-to-dismiss stage.33 However, he explained the denial was not to show solidarity with the Court of Appeals ruling or indicate the merits of the case were unworthy of review.34 III.OTT SUBSCRIBERS CHALLENGE AMAZON AND THE NFL A. Amazon Prime's Thursday Night Playbook The NFL's recent 2021 contracts with the various networks were groundbreaking because it was the first time a streaming service exclusively contracted with the NFL.
Journal Article
Betting Practices Among Players in Portuguese Championships: From Cultural to Illegal Behaviours
2020
The growth of the online sports betting market has generated new risk areas and threats to sport integrity, such as match-fixing. In recent years, institutional concern to fight against the phenomenon has been intensified and a set of countermeasures has been adopted. One of the most widely implemented measures to protect integrity in sport is to ban athletes and sports players from betting on the competitions in which they are involved. In some countries, such as Portugal, this practice has become a crime under the new legislation. Despite the legal and sporting restrictions and the prevention programmes carried out for sport institutions to explain the gambling rules, there are many athletes who are putting bets on their own competitions and even in their own games. Through interviews with key informant actors and ethnographic fieldwork, this article describes betting patterns among sports actors in Portugal and explains the perceptions and incentives that lead them to bet in their own sports, competitions and games. The results show different conceptions of integrity between the normative discourse on legal and sport governance institutions and sports actors’ opinion, essentially, the premise that suggest a direct link between betting on one’s own games and manipulation of these games. In some cases, betting in one’s own games helps to strengthen fair play values. However, the spreading of online betting, together with the perception of inefficient controls in the implementation of sporting and legal regulations, creates opportunity structures for fixing matches and taking financial profit though gambling activities.
Journal Article
Reforming Football: What the EU Can Do
2025
The numerous scandals that have marred the world of football suggest that reform is badly needed. As governing bodies like FIFA and UEFA fail to make meaningful improvements, calls for public regulation are gaining ground. This article explores what the European Union (EU) could do to effect change. Although long hailed as a powerful sports regulator, there is a widespread feeling that the EU’s regulatory potential remains unfulfilled. The article argues that the Union is in a unique position to leave a positive mark on football governance if it decides to regulate the sport more extensively. Three options are outlined: increasing the intensity of scrutiny exercised under the internal market rules, changing the approach towards cooperation with football stakeholders, or enacting a European Sports Act. After examining the benefits and drawbacks of each route, it will be claimed that, on balance, the most promising avenue is EU legislation which sets out minimum governance standards as well as substantive requirements, including on human rights, gender equality, and athlete welfare. The conclusion will offer some reflections on what would need to happen for the proposal to materialize, discussing the role of advocacy coalitions and crises in bringing about regulatory change.
Journal Article