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Sport and competition law – the year in review 2019/20

Sport and competition law – the year in review 2019/20
Wednesday, 08 July 2020 Author: Benoît Keane, Ben Foster

Reviewing the competition law issues of the last year, one is struck by the realisation that many of the issues at stake will soon be eclipsed by the seismic events that are now transforming sport.  The world around us is in the process of being re-shaped in response to the COVID19 global pandemic, an unprecedented public health challenge in the post-war era.  Major sports events have been cancelled or suspended.  Organisers, federations as well as sportspersons now face extraordinary challenges in getting the show back on the road.  The competition law questions arising this summer were almost inconceivable just a few months ago.  Yet the last year has not sunk into irrelevance: the lessons from the key competition cases will inform many of the decisions that will have to be made in the coming months.   

Given that much remains in flux with respect to competition cases arising from the COVID19 pandemic, this review focuses on recent developments with regard to:

  • Salary caps and financial fair play;
  • Independent events and sportspersons’ rights of exploitation;
  • Status of amateur athletes

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Written by

Benoît Keane

Benoît Keane

Benoît Keane is a Solicitor-Advocate specialising in European sports law. Based in Brussels, he acts in cases before the European Commission and European Court of Justice as well as in cases before national courts where there is an EU/competition law dimension. He has acted in landmarkEU/competition cases, notably the Super League case and the pending cases on football agents and sports arbitration. He has appeared as a legal expert and counsel before the Court of Arbitration for Sport. He also advises on the commercial aspects of sport from an antitrust perspective. He is recognised by legal directories as a “worldwide leading expert in sports-related EU law matters and the “best of the best when it comes to the application of competition law”. He acts as an independent lawyer and is a consultant to Northridge LLP.

Ben Foster

Ben Foster

Ben is an in-house football lawyer. He works on all legal matters in the Football Operations sphere, assisting both men’s and women’s first team football and assisting the Academy.

Prior to moving in-house, Ben worked with governing bodies, clubs, players and other commercial parties in relation to litigation, arbitration, disciplinary and regulatory proceedings in sports. Ben also has experience in advising competition owners in respect of governance issues.