ANYONE FOR A GAME OF MONOPOLY™?* A CRITICAL EVALUATION OF THE EVERINCREASING COMMERCIALIZATION OF MAJOR SPORTING EVENTS PART 2: EXAMINING THE LEGITIMACY OF THE CREATION AND MAINTENANCE OF COMMERCIALLY-DRIVEN MONOPOLIES IN SPORTS EVENTS

Andre M Louw Andre M Louw

doi:10.17159/obiter.v31i2.12359

Abstract

This is the second part of an article published in three parts that critically examines the commercial monopolisation of sporting mega-events such as the FIFA football World Cup, and of commercial rights protection of such events. The first part of this article contained mainly a descriptive overview of ambush marketing and of the legal and other measures available to event organisers and sponsors to combat such practices. This second (and the forthcoming third) part of the article will continue to critically evaluate the legitimacy of a prime source of protection for these commercial actors, namely anti-ambush marketing legislation, with a specific focus on the SouthAfrican jurisdiction and the 2010 FIFA World Cup South Africa.

Highlights

THE CREATION OF COMMERCIALMONOPOLIES IN SPORTING EVENTSThe first part of this article[4] examined, on a largely descriptive level, the practices of ambush marketing of sports events and the legal bases for protection against those engaged in such practices
Andre M Louw** BA LLB LLM Faculty of Law University of KwaZulu-Natal, Durban. This is the second part of an article published in three parts that critically examines the commercial monopolisation of sporting mega-events such as the Federation Internationale de Football Association (FIFA) football World Cup, and of commercial rights protection of such events
- evaluate the arguments raised by sports governing bodies in justification of such monopolies;

Summary

SUMMARY

This is the second part of an article published in three parts that critically examines the commercial monopolisation of sporting mega-events such as the FIFA football World Cup, and of commercial rights protection of such events. The first part of this article contained mainly a descriptive overview of ambush marketing and of the legal and other measures available to event organisers and sponsors to combat such practices. This second (and the forthcoming third) part of the article will continue to critically evaluate the legitimacy of a prime source of protection for these commercial actors, namely anti-ambush marketing legislation, with a specific focus on the South African jurisdiction and the 2010 FIFA World Cup South Africa. The appeal to large corporations of the world-wide exposure that results from sponsorship of the Olympic Games will never be diminished by market imperfections such as ambushers to the point of threatening the budgets of event organizers.”[3]

INTRODUCTION

16 Rose “FIFA’S ‘Official’ Suppliers

51 S 11 provides as follows:

52 This section provides as follows:

Findings

CONCLUSION