The question which was very important for the commission to answer in Barmi and succeeding case was with regard to applicability of Competition Act, to such authorities. If competition act is applicable to such bodies then what is the mechanism for determining relevant market of such regulatory bodies? So, dominance per se cannot be form of anti-competitive allegation, it is only through abuse of dominance an SRA can be brought under the net of our anti-trust law.
Guiding Principles. Post-Surinder Singh Barmi, the law on the subject of sports and competition law has diversified, in order to evaluate the position of BCCI or any other SRAs in near future with current standpoint of law, the general principles can be summarised as follows:. Anti-Trust Law, interpretation of competition law and sporting industry in America initiated from the case of Federal Baseball Club of Baltimore, Inc v.
This is actually the primary question that requires answering, because the answer to this question is not unchallenged. The question of what sports law is can then be addressed. This address is structured as follows: 1 Does sports law, a sports law, sports law as an area of law exist? The reassessment includes my own vision of the subject matter and issues that go to make up sports law, partly in the light of a presentation of existing, previous positions and views in this regard.
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Beloff says that the question of whether a 'lex sportiva'--which he apparently uses literally in the sense of 'sports law' here 2 --exists is a persistently recurring theme. Whether a cohesive set of rules exists or whether sports law is nothing more than a mosaic arbitrarily constructed from a diversity of generally accepted and separate areas of law--the law of obligations, torts, intellectual property, administrative law--is the subject of continuing debate. The issue is not purely academic, a qualification which cynics are inclined to use for an issue of no practical importance.
Proponents of the first argument sports law does exist supposedly do so partly out of a wish to enhance the status of the subject 3 , which does not necessarily mean that advocates of the latter argument sports law does not exist can be said to be motivated in any way by a wish to belittle that status. Nonetheless, those who advocate the existence of 'sports law' clearly choose Latin terminology in order to lend the subject a semblance of classical antiquity, sometimes using the alternative term 'lex ludica' 4 , even though this is a rather unfortunate choice since it might come across as faintly ludicrous if incorrectly translated 'playful law'.
The question of whether 'sports law' exists is not of enormous importance, but nor is unimportant according to Beloff. Journalists have become increasingly enthusiastic about probing sports scandals. Sports fans have been enlightened about official corruption such as that surrounding the successful bid by Salt Lake City , Utah , to host the Winter Olympics , performance-enhancing drugs, and off-field violence committed by athletes and fans. There is also considerable space in the print media devoted to in-depth profiles of athletes and the examination of sports issues, some of which are collected in books such as the Best American Sports Writing series.
In book publishing there are fictions e. These and other forms of writing contribute to and are a result of the prominence of sports in the contemporary economy and society. However evocative sportswriting might be, it lacks the immediate impact of a striking visual sports image. As newspapers have developed their design appeal, sports photography has enhanced the attractiveness of the sports pages and of general current-affairs magazines such as Time , Newsweek , Paris-Match , and Der Spiegel.
It still lacks a vibrant sense of immediacy. The diffusion of radio technology throughout Europe and North America in the s allowed fans, absent from the game for whatever reason distance, scheduling, venue capacity, cost , to listen in to play-by-play descriptions of events. Once radio broadcasting had been established, the next technological innovation— television —added the crucial visual to the existing audio dimension of live sports spectatorship.
Television provides an unprecedented opportunity for vicarious experience. The doubts quickly disappeared when it was discovered that television also had the capacity to generate legions of new sports fans. The enthusiastic response to sports programming provided sports organizations with a powerful new revenue stream: the sale of broadcast rights. By the late 20th century, as the cultural economy became increasingly important and the need to attract consumers to converging broadcast, computer, and telecommunications technologies became ever more urgent, entrepreneurs sold audiovisual access to their performances at vastly inflated prices.
For televised sports, technical and presentational complexity has increased alongside the cost, scope, and density of coverage. From a single, static camera attempting to capture sports events as if from the perspective of a well-positioned spectator at the venue, the number and capabilities of cameras and microphones have vastly increased. At contemporary major sports events, multiple cameras are positioned to capture the action from a variety of angles including overhead , distances from extreme close-ups to panoramas , and speeds from super slow motion to time-lapse speed.
The first will allow viewers to make their own production choices of camera angle and displayed sports data; the second will so immerse viewers in the sports action that they will feel like participants. In this way sports will remain central to the economics of the media.
This popularity and adaptability have ensured that media companies will continue to invest a major share of their resources in one of their most valuable commercial assets—sports. Modern sports and modern mass media are both multibillion-dollar businesses. Elite sports cannot function as they do without the mass media to publicize and underwrite them.
This dynamic synergy between sports and the mass media is not without its problems. The mass media have enormous influence not only on the way that sports events are staged but also on when they take place. When Olympic sprinters run their races at 5 am so that New Yorkers can watch them in prime time, as happened at the Summer Games in Seoul , South Korea, the media have clearly exercised a degree of influence that was unthinkable in the days of Olympic founder Pierre de Coubertin.
Not surprisingly, there is an occasional backlash against the symbiosis of sports and the media. With various abuses in mind, some critics have argued that sports need to be monitored by governments, elite sports bodies, and fan organizations in order, ironically, to secure their long-term commercial value. Corporate sponsorship, which has long since replaced the aristocratic patrons who once staged sports events, has enabled sports organizations and competitions to be funded while expanding brand recognition, identification, and loyalty for the sponsors.
Additional impetus to this marketing effort is bestowed by paying star athletes, such as basketball player Michael Jordan or tennis player Anna Kournikova, to actively endorse branded sports products or merely to display or use them. The key to the commercialization of sports through sponsorship, celebrity endorsement, and merchandising is, of course, the mass media, whose astonishing capacity to showcase sports events and individual athletes has propelled sports contests from local to global phenomena. The story of the development and evolution of modern sports is therefore one in which the mass media are among the essential agents of change across the whole field of sports culture.
Economically, sports are intimately and enduringly married to the mass media—with no prospect of a divorce. Violence can be defined as any interpersonal behaviour intended to cause physical harm or mental distress. Most discussions of sports-related violence concentrate on physical harm—i.
Setting aside the question of motivation, most psychologists approach the study of sports-related physical violence from a behaviouristic perspective. They infer the intention of assailants from their observable actions. In a sports context, aggression, which is often discussed as if it were synonymous with violence, can best be defined as an unprovoked physical or verbal assault. Aggressiveness, therefore, is the propensity to commit such an assault. This contact conforms to the rules of the sport and is completely legitimate even when the same sort of behaviour outside the sports context is defined as criminal.
Examples of legitimate violence can be found in rugby and gridiron football and in boxing , wrestling , and Asian martial arts. Participants in these sports, by the very act of taking part, have implicitly accepted the inevitability of rough contact. They have implicitly consented to the probability of minor injury and the possibility of serious injury. They cannot, however, reasonably be said to have agreed to injuries sustained from physical assaults that violate the written and unwritten rules of the sport.
Although violence of this latter sort is definitely illegitimate and sometimes illegal, it has proved very difficult for injured athletes to find redress in the courts. Judges and juries are reluctant to convict athletes of criminal behaviour committed in the course of a sports contest, and they are equally reluctant to convict coaches, schools, and sports leagues of negligence.
A memorable example of this occurred in when the Nevada Boxing Commission censured and banned heavyweight boxer Mike Tyson for biting his opponent.
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More-extreme rule infractions—i. High or late tackles in gridiron football usually create serious outrage and have on occasion led to the strict imposition of a lifetime ban, but recourse to the law in cases of quasi-criminal violence is infrequent. While legal scholars have sought to distinguish legitimate from illegitimate sports violence, social psychologists and sociologists have investigated the causes of sports-related violence.
Here the discussion revolves around broader nature-nurture debates and the role that sports are believed to play in society. Most sports sociologists, however, challenge this hypothesis and believe instead that research confirms that violence and aggression are socially learned. This latter view is supported by the fact that the levels and types of sports-related violence vary greatly from culture to culture, which strongly suggests that they are not the result of some universal human nature.
Canadian ice hockey , for example, is more violent in some respects than its Scandinavian counterpart. The reason for this is that Canadian ice hockey provides a subcultural context in which boys and young men are introduced to highly aggressive behaviour. In this and in many other sports subcultures, brutal body contact and physical assault are part and parcel of what it means to be a man.
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Those who fail to meet such expectations drop out of the subculture or are subject to peer sanctions. Sports-related spectator violence is often more strongly associated with a social group than with the specific nature of the sport itself. In modern times, football soccer is certainly less violent than rugby, but soccer hooliganism is a worldwide phenomenon, while spectator violence associated with the more upper-class but rougher sport of rugby has been minimal.
Similarly, crowds at baseball games have been more unruly than the generally more affluent and better-educated fans of gridiron football, although the latter is unquestionably the rougher sport. Efforts by the police to curb sports-related violence are often counterproductive, because the young working-class males responsible for most of the trouble are frequently hostile to the authorities. Media coverage of disturbances can also act to exaggerate their importance and incite the crowd behaviour that the media then simultaneously condemn and sensationalize.
The most effective means to reduce the level of spectator violence is also the simplest: abolish "terraces," where spectators stand, and provide seats for all ticket holders. With few exceptions, modern sports were devised by and for men, with the content, meaning, and significance of the contests reflecting male values, strengths, and interests. The 19th-century institutionalization of modern sports involved changes in personality, body deportment, and social interaction; the result was a body culture that valued youthful masculinity.
A great deal of research has focused on the role sports play in the making of modern masculinity. For young men and adolescent boys, the path to manhood appears to be reinforced and confirmed by participation in sports. In some respects this can be a positive relationship.
Some of these characters are socially responsible role models; others can develop a tough masculine style that aggravates broader social problems such as domestic violence. Gender discrimination can also take less-extreme forms. For most of the 19th and 20th centuries, for example, it was assumed that cheerleading was the most appropriate way for girls to contribute to sports.
Although in some respects modern sports remain the male preserve they were in the Victorian era, male privilege has never gone unchallenged. Many upper-middle-class women played golf, tennis, and field hockey; a few lower-class women boxed and wrestled. Still, even at the turn of the 21st century, at the Summer Olympics men participated in 48 more events than women did. While the number of female competitors varies considerably from one Olympic team to another, it is rare for a National Olympic Committee to send equal numbers of men and women, and some Islamic countries are represented by all-male teams.
Access and opportunity remain key issues, but attention has also been paid to gender-based differences in status, prestige, and the distribution of resources and rewards. Research in these areas emphasizes that, while there are individual cases of gender bias, the more fundamental problem is the persistence of social structures that systematically privilege men. Statistical studies documenting the greatly increased participation of women in recreational and elite sports, which are cause for optimism, must be supplemented by analyses of the way in which female athletes are positioned within the media-sports complex.
Much recent evidence indicates that the mass media still tend, despite some laudable attempts to overcome gender bias, to reinforce conventional notions of masculinity. Although female athletes rarely suffer from role conflict "an athlete or a woman? At work is a set of enabling and constraining features that determine the recognition and financial rewards women receive for their participation in sports. Female athletes who conform to mainstream canons of sex appeal which now call for an athletic rather than a voluptuous body are eagerly sought after to appear on magazine covers and in product endorsements, while equally successful female competitors whose bodies are less conventionally attractive are passed over.
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At the end of the 20th century, there was greater tolerance of homosexuality in many nations; however, homosexuality remained taboo in the sporting world. Basketball and softball , for example, have been portrayed in popular culture as a haven for lesbians, which to some degree they have been. The Gay Games, established in , were created to provide an opportunity for male and female gay athletes to compete openly and to counteract negative perceptions about homosexuals. Frequently overlooked in analyses of sports and gender relations is the controversial practice, common in the sporting-goods industry, of using women and children to produce equipment and clothing.
Nike and a number of other manufacturers have been accused of economically exploiting women and children in developing nations so-called sweat-shop labour while at the same time running advertising campaigns asserting that their products empower young women. In sports, as elsewhere in society, there is a tendency to explain differences in performance in terms of some alleged physical differences between races.
When Austrians do well at skiing and Swedes excel at tennis, cultural explanations have been sought through the analysis of social structures and environmental conditions. On the other hand, when Kenyans prove exceptionally good at middle-distance running , there has been a tendency to look for a physiological explanation.
The tendency is misguided. As a result of the mapping of human DNA, the concept of "race" has become highly problematic. Scientists have discovered that the genetic diversity within populations sharing certain physical traits, such as skin colour, is as great as the diversity between different groups. If there are physical differences that account for Kenyan success and for the success of African American sprinters, physiologists have not yet discovered them and are not likely to.
Ironically, while racism remains a useful concept for sociological analysis of some sports phenomena, such as the exclusion of African Americans from early 20th-century Major League Baseball, references to race are more likely to confuse than to clarify research into athletic performance. Despite the consensus among geneticists, some sociologists continue to conduct research on the assumption that race is a meaningful concept.
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Most sociologists, however, prefer to use the concept of ethnicity in their attempts to account for observed differences in performance. Ethnicity refers to the shared cultural heritage of a group. This cultural heritage, which may be claimed or imposed, includes language, customs, practices, traditions, and institutions. Sports fans are adept at reading the distinctive nonverbal body language of different groups playing the same game. In the s the exuberant play of the Brazilian national football soccer team, which emphasized individual skill, was strikingly different from the disciplined team-oriented style of the German side.
Different ethnic groups have different rates of involvement in sports. Palestinians who are citizens of Israel are less likely than Jewish citizens to participate in sports. Turks residing in Germany are less likely than ethnic Germans to be members of sports clubs.
Within both these Islamic ethnic minorities, girls and women are even less likely than boys and young men to be athletically active. Journalists have noted and sociologists have investigated the overrepresentation of African Americans in some sports basketball, boxing, track and their underrepresentation in others polo, swimming, yachting. Such patterns of participation can be the result of early socialization, role modeling, peer group subcultures, economic and community structures, stereotyping, and scapegoating.
Sociologists have employed these and other concepts to demonstrate why ethnic minorities tend to be less involved in sports and why, when they are involved in sports, they still tend to be excluded from or underrepresented in management, administration, and ownership.
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Sociological surveyors have demonstrated that sports are far from the level playing field they purport to be. The empirical evidence demonstrates that the nature and extent of athletic involvement, the chance for success, the opportunities to hold positions of power and prestige, and the gaining of positive experiences through sports are all structured along the ethnic fault lines that exist within and between societies.
These processes are part of the social structures that enable and constrain different ethnic groups. The role, meaning, and significance of sports involvement is related to but not solely determined by these processes. The concept of ethnicity not only helps make sense of the differential performance attributed to race but also aids in explaining how sports are used by groups for political ends.
The roles of football soccer and rugby in Ireland are a case in point. While separate football teams represent Northern Ireland and the Republic of Ireland the former a symbol of Protestant ethnic identity , international rugby games are played by a unified team that seeks to represent the whole of Ireland. These differences are tied to the complex cultural traditions of the two sports and the class profile of those involved. Similarly, games between formerly colonized nations and their former colonizers, such as cricket matches between India and England, tend to become rites of passage and are imbued with a heightened sense of symbolism.
The games count as part of broader cultural struggles. Perhaps the best example of the usefulness of the concept of ethnicity rather than race as an explanation for differences in performance levels is Beyond a Boundary , C. James combines careful historical analysis with detailed observations of the cricket culture of his day, finding in the sport a symbolic reenactment of the struggles and inequalities that existed and still exist in the Caribbean.
Although performance-enhancing drugs were known as early as the 19th century, when professional cyclists used strychnine as a stimulant, the widespread use of drugs began in the s.