ANYONE FOR A GAME OF MONOPOLY™?* A CRITICAL EVALUATION OF THE EVERINCREASING COMMERCIALIZATION OF MAJOR SPORTING EVENTS PART 1: AN OVERVIEW OF AMBUSH MARKETING IN SPORT

Andre M Louw Andre M Louw,Daniel Areias Daniel Areias

doi:10.17159/obiter.v31i1.12377

Abstract

This is the first part of a three-part article which critically evaluates the everincreasing trend of commercial monopolization of major sporting events by sports governing bodies and their commercial partners such as sponsors. This first part of the article will provide a background description of the various forms of protection against ambush marketing of events, as an area where such increased calls for the creation and ring-fencing of commercial rights to events have been (and remains) at the forefront. The second part of the article will evaluate the legitimacy of such protections (especially in the form of special legislation) critically in the context of such commercial monopolization, with reference to constitutional, intellectual property and competition-law arguments in the South African context, and will conclude with some observations regarding current developments elsewhere.

Highlights

The time of writing appears to be rather trying for some of the major international sports organizations
Commentators elsewhere have criticized the apparently limitless expansion of protection of the commercial interests of international sports organizations and partners of these – especially in the context of anti-ambush marketing measures, which will be the specific focus of this article – and it appears that current developments in one jurisdiction may point towards the potential for even increased future claims of “monopolies” in major events
Rulings by the Authority of South Africa (ASA) or a Committee may include orders for the withdrawal of advertising as well as other sanctions on members of the industry.[66]. While this code of conduct is hardly a primary weapon in the arsenal of sponsors, who will need to enforce their rights through the applicable branch of intellectual property law, common-law actions or actions for breach of contract, it does provide a possible avenue for action against persons or organizations within the advertising industry in cases of questionable practices relating to sports sponsorship

Summary

SUMMARY

This is the first part of a three-part article which critically evaluates the everincreasing trend of commercial monopolization of major sporting events by sports governing bodies and their commercial partners such as sponsors This first part of the article will provide a background description of the various forms of protection against ambush marketing of events, as an area where such increased calls for the creation and ring-fencing of commercial rights to events have been (and remains) at the forefront. “[Olympic] Games organizers are required to provide a clean venue This is not just a venue devoid of the advertising messages and media, but control of all forms of commercial activity, including concessions, franchises, and type of food sold in restaurants. At some point it has to be possible to say: No, this event does not deserve protection.”[2]

INTRODUCTION

34 See Hartman Ali

CONCLUSION