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Sports and Competition Law (LAWS70437)
Graduate coursework level 7Points: 12.5Not available in 2020
For information about the University’s phased return to campus and in-person activity in Winter and Semester 2, please refer to the on-campus subjects page.
Please refer to the LMS for up-to-date subject information, including assessment and participation requirements, for subjects being offered in 2020.
Overview
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Commercialised sports in the developed world constitute a multi-billion-dollar industry raising unique issues under competition law. Courts around the world have recognised that clubs that are commercial rivals necessarily need to collaborate in some ways for their sporting competitions to serve the public. Outside of North America, commercialised sports competitions form part of an integrated system of sports, typically under the supervision of a single national governing board. This too raises important questions about the use or abuse of a commercially-dominant position.
The overall structure of sporting competitions is thus potentially subject to judicial challenge under competition law statutes around the world. Specific agreements attributed to multiple parties, or to a single entity with a dominant position, are also subject to competition law challenges by governments, affected stakeholders or consumers.
The lecturer is an international leader in the field of the application of competition law to sports and has authored works dealing with this issue in developed economies, including Australia and New Zealand.
This subject considers the basic principles of competition law statutes applicable in North America, Europe and Australia/New Zealand, as well as relevant principles of the common law of restraint of trade. It then applies these principles in exploring a number of cutting-edge issues in the sports industry, including:
- The formation and structure of sports leagues
- Restrictive labour market practices (salary caps, drafts, limits on free mobility)
- Collective agreements regarding broadcasting, internet commerce, sponsorship, merchandise, intellectual property licensing etc.
- Competitive effects of league or federation rules regarding finances and ownership
- Permissible and impermissible responses to creation of rival competitions.
Application of competition law precedents covers several recurring questions, including the availability of private remedies, market definition and the relevance of non-commercial purposes in justifying conduct that might be clearly unlawful in non-sports industries.
Although the subject assumes no prior knowledge of competition law, other than a review of foundational principles underlying various competition statutes, it offers students with competition law background an opportunity to apply their knowledge to a unique and intellectually challenging setting.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the principles of competition law as they apply within the context of sport from international and comparative perspectives, including recent developments in these fields of law and practice
- Be able to critically examine, analyse, interpret and assess the effectiveness of these legal principles
- Be an engaged participant in debate regarding emerging and contemporary issues in the field, such as sports competition structures and labour market controls, including player drafts, compensation fees and salary caps
- Have a sophisticated appreciation of the factors and processes driving parliamentary and sporting body revision of the legal and regulatory framework both domestically and internationally
- Have an advanced understanding of situations in which competition law issues may arise in sport industry and management practices
- Have the cognitive and technical skills to generate critical and creative ideas relating to competition law issues in sport, and to critically evaluate existing legal and regulatory theories, principles and concepts with creativity and autonomy
- Have the cognitive and technical skills to independently examine, research and analyse existing and emerging legal issues relating to competition law in sport
- Have the communication skills to clearly articulate and convey complex information regarding competition law issues relevant to specialist and non-specialist audiences
- Be able to demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in the field of competition law in sport.
Last updated: 30 January 2024
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 30 January 2024
Assessment
Due to the impact of COVID-19, assessment may differ from that published in the Handbook. Students are reminded to check the subject assessment requirements published in the subject outline on the LMS
Description | Timing | Percentage |
---|---|---|
Research paper on a topic approved by the subject coordinator
| 16 May | 100% |
Hurdle requirement: A minimum of 75% attendance | Throughout the teaching period | N/A |
Last updated: 30 January 2024
Quotas apply to this subject
Dates & times
Not available in 2020
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 30 January 2024
Further information
- Texts
Prescribed texts
Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Master of Commercial Law Course Graduate Diploma in Sports Law Course Graduate Diploma in Legal Studies Course Master of Laws Course Master of Competition and Consumer Law - Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 30 January 2024