The use of multiple restraints of trade in sport and the question of reasonableness

Thorpe, DE

The use of multiple restraints of trade in sport and the question of reasonableness

Thorpe, DE

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Publisher:: Australian and New Zealand Sports Law Association
Publication Type:: Journal Article
Citation:: Australian and New Zealand Sports Law Journal, 2013, 7 (1), pp. 63 - 90
Issue Date:: 2013-01

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Field	Value	Language
dc.contributor.author	Thorpe, DE https://orcid.org/0000-0002-3649-1724	en_US
dc.date.issued	2013-01	en_US
dc.identifier.citation	Australian and New Zealand Sports Law Journal, 2013, 7 (1), pp. 63 - 90	en_US
dc.identifier.issn	1833-8852	en_US
dc.identifier.uri	http://hdl.handle.net/10453/27039
dc.description.abstract	Athletes, particularly those competing in team sports, are not uncommonly restricted by more than one substantive restraint of trade. The literature on restraints of trade in sport deals by and large with restraints as single impositions. This article addresses the effect of multiple restraints of trade imposed on athletes and how these, in combination, bear upon the question of reasonableness under the restraint of trade doctrine. The use of multiple forms of trade restraints is somewhat unique to the industry of sport to include over the years, player draft systems, salary caps, zoning restrictions, retain or transfer systems and wage ceilings. Restraints limiting athlete endorsement of sponsor products and services, a restraint of more recent origin yet to be tested before a court of law, will be considered against the background of the restraints listed above. Given the lucrative returns associated with athlete endorsement, such may prove to be a restraint too far.	en_US
dc.publisher	Australian and New Zealand Sports Law Association	en_US
dc.relation.ispartof	Australian and New Zealand Sports Law Journal	en_US
dc.title	The use of multiple restraints of trade in sport and the question of reasonableness	en_US
dc.type	Journal Article
utslib.citation.volume	1	en_US
utslib.citation.volume	7	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.issue	1	en_US
pubs.volume	7	en_US

Abstract:

Athletes, particularly those competing in team sports, are not uncommonly restricted by more than one substantive restraint of trade. The literature on restraints of trade in sport deals by and large with restraints as single impositions. This article addresses the effect of multiple restraints of trade imposed on athletes and how these, in combination, bear upon the question of reasonableness under the restraint of trade doctrine. The use of multiple forms of trade restraints is somewhat unique to the industry of sport to include over the years, player draft systems, salary caps, zoning restrictions, retain or transfer systems and wage ceilings. Restraints limiting athlete endorsement of sponsor products and services, a restraint of more recent origin yet to be tested before a court of law, will be considered against the background of the restraints listed above. Given the lucrative returns associated with athlete endorsement, such may prove to be a restraint too far.

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

http://hdl.handle.net/10453/27039