Fair competition and free movement principles in the world of football with an overview of insurance implications

Abstract

The thesis in question will present a background to the main principles at the basis of the doctrine of fair competition; both from an international as from a European perspective dimension. Furthermore, the discussion will also thoroughly consider the principles relative to the free movement of persons as one of the pillars of community legislation, with reference to the long string of judgments which sought to apply such principles to the hybrid world of football. This position will, in tum, be confronted with the policies, rules and applications of the same by FIFA and OP.PA, taking in particular consideration the nature of the various players in football such as teams, agents and players and the inter-relationship between the same characters/variables. Naturally one would have to consider the role of each and every player to the sport and analyzing whether such person or juridical entity falls within existing legal classifications or whether the same present an ad hoe legal scenario. In this light the thesis will closely follow the developments and results emanating from the study commissioned by the European Commission on sports agents in the European Union as well as the workings of ad hoe committees appointed by FIFA and UEFA to address these issues. Moreover, the author shall embark on a comparative exercise of the prevalent situation in various jurisdictions including Malta with a view to identify areas of contrast or incompatibility between the various regulatory regimes. Finally, the study undertaken will seek to outline the effects and implications of the main points of · discussion on the insurance requirements, regulations and considerations of the various players, in the world of the football with a view to the avoidance of market distortion. The concluding chapter will seek to propose recommendations to ensure a regulatory system that manages to reach a compromise between prevalent conflicting systems and ideas without departing from the basic values and principles of a common market and the purpose of sport in general and football in particular.