Entertainment, Arts and Sports Law Journal, Vol. 20, No. 3, p. 47, Fall/Winter 2009
10 Pages Posted: 2 Aug 2010
Date Written: October 1, 2009
This article argues that the Ninth Circuit acknowledged the risk of financial interests influencing decisions to ban certain equipment because of the broad economic scope of the sports industry, governing bodies' unchecked authority over said market, and the sentiment that, in light of each governing body's heavy reliance on sponsorships, complete disregard of financial motives in governance is no longer appropriate.
Further, courts should continue to implement the Ninth Circuit's policy of increasing scrutiny of governing body financial interests in rule-making for two reasons. First, shedding light on the complex and competing financial interests among industry players, including fans, athletes, teams, leagues, communities, media, and sponsors, should enhance confidence in the purity of a governing body's decisions. Second, abandoning complete deference in governing bodies could ease manufacturers' fears of investing in technology only to be subsequently banned due to collusion between market competitors and the governing bodies. This in turn would mitigate the stifling effect the latter have had on technological developments in sports equipment.
Keywords: Law, Sport, Antitrust, Sponsorship, Olympic, TYR, Speedo, Technology
Suggested Citation: Suggested Citation
Bhupathi, Tara L., 'Who do you Play for?' How the Ninth Circuit's Rejection of U.S.A. Swimming's Motion to Dismiss Protects the Integrity of Sport and Stimulates Technological Development (October 1, 2009). Entertainment, Arts and Sports Law Journal, Vol. 20, No. 3, p. 47, Fall/Winter 2009. Available at SSRN: https://ssrn.com/abstract=1652215