승인받지 않은 대회 참가 선수에 대한 스포츠단체의 제재와 경쟁법의 적용 - 국제빙상연맹 자격규칙의 위법성에 대한 유럽연합 집행위원회의 결정을 중심으로 -

Abstract

In the sports industry, each game only has a single international federation and an athlete willing to play must follow the rules designated by them. This monopolistic status of the International Sports Federation leads to being exclusive toward the athletes and building an environment easier to implement anti-competitive practices to other businessmen. Therefore, it was possible that the application of competition law cause problems, even when considering the characteristics of sports. Thus, it is noticeable that the European Commision recently judged a regulation as illegal to the competition law, when the international sports federation took further than necessary disciplines to athletes participating in disapproved competitions. That is, the International Skating Union’s (ISU) Eligibility rules which disciplines athletes willing to participate in Icederby was considered as restricting the individual’s financial freedom and hindering a potential competitor from entering the organization of international skating events. The European Commission states that regulations which pursue justifiable goals and do not lose the balance of purpose and means are admittable to the competition law, which does not correspond to the ISU’s Eligibility rules. ISU claimed that the regulation was proper due to the integrity of the sport, protection of health and safety and anti-doping, and the organization and proper conduct of competitive sport, which was not accepted by the European Commission. Rather, this regulation was considered as having been used to hinder the hold of an event planned by Icederby. For all sports group have their own eligibility rules, this resolution by the European Commission is expected to give great influence in both internal and external perspectives.