Athlete Product Endorsement as a False and Thereby Unreasonable Partial Restraint of Trade

Thorpe, DE

Athlete Product Endorsement as a False and Thereby Unreasonable Partial Restraint of Trade

Thorpe, DE

Permalink

Publisher:: Macquarie University School of Law
Publication Type:: Journal Article
Citation:: Macquarie Journal of Business Law, 2012, 9 pp. 181 - 198
Issue Date:: 2012-01

Closed Access

	Filename	Description	Size
	2012001000OK.pdf		105.34 kB	Adobe PDF	View/Open

Copyright Clearance Process

Recently Added
In Progress
Closed Access

This item is closed access and not available.

Full metadata record

Field	Value	Language
dc.contributor.author	Thorpe, DE https://orcid.org/0000-0002-3649-1724	en_US
dc.date.issued	2012-01	en_US
dc.identifier.citation	Macquarie Journal of Business Law, 2012, 9 pp. 181 - 198	en_US
dc.identifier.issn	1449-0269	en_US
dc.identifier.uri	http://hdl.handle.net/10453/23351
dc.description.abstract	A major economic driver of modern Australian sport is the endorsement of sponsors products by sporting organisations. As the dominant contracting party the major sporting organisations have restrained athletes from competing in the lucrative endorsement market. Endorsement restraints are usually partial in scope to leave, at least ostensibly, some portion of the market for athlete exploitation. Granting partial access to the market may be thought sufficient to ward off challenges of unreasonableness brought by athletes under the common law restraint of trade doctrine. This paper questions this view to argue that the partial restraints are largely illusory and thereby unreasonable.	en_US
dc.publisher	Macquarie University School of Law	en_US
dc.relation.ispartof	Macquarie Journal of Business Law	en_US
dc.title	Athlete Product Endorsement as a False and Thereby Unreasonable Partial Restraint of Trade	en_US
dc.type	Journal Article
utslib.citation.volume	9	en_US
utslib.for	1801 Law	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	closed_access
pubs.consider-herdc	true	en_US
pubs.volume	9	en_US

Abstract:

A major economic driver of modern Australian sport is the endorsement of sponsors products by sporting organisations. As the dominant contracting party the major sporting organisations have restrained athletes from competing in the lucrative endorsement market. Endorsement restraints are usually partial in scope to leave, at least ostensibly, some portion of the market for athlete exploitation. Granting partial access to the market may be thought sufficient to ward off challenges of unreasonableness brought by athletes under the common law restraint of trade doctrine. This paper questions this view to argue that the partial restraints are largely illusory and thereby unreasonable.

Please use this identifier to cite or link to this item:

http://hdl.handle.net/10453/23351