Written by: Smriti Suri , B.B.A. LL.B.(Hons), 3rd year student, Graphic Era Hill University, Dehradun
When Sports Meet Competition
Introduction
Sports have always been part of the culture of all nations. In fact, it's just like the blood that flows through the nerves of any nation. It has always played a significant role in the development of people and society, their health (both mental and physical), and helping them inculcate true gentlemanly spirits[1].
Although, even sports have become like any other market. In India itself, the market size of the sports industry was about 142 billion Indian rupees in 2022.[2] Whereas if we check the stats globally, then the industry’s revenue amounted to nearly 487 billion dollars[3].
A roundtable was held by the OECD in December 2023, and the issues that were put on the table were related to sports and competition. More specifically, the roundtable discussed (i) how to promote greater economic competition in sports events; (ii) competition enforcement cases in the sports sector; and (iii) the sale of sports broadcasting rights[4].
The conclusion drawn from this was that the Competition Law is something that will be applicable to the whole of the sports industry, and matters related to it will be considered by competition authorities and courts. Legislative, executive, and judicial authorities are concentrated in the sports industry by sports governing bodies and leagues, which may incentivize them to act in an anti-competitive manner against rival leagues, teams, and individuals who compete or may compete in sports. And the design of rules in the sports industry can impact competition, including among clubs and as regards the organization of sports events and the sports labour market.
Sports and Ethics
An athlete without sportsmanship, is the one who preaches unethical practices. Under a sportsmanship model, healthy competition personal honour, virtue, and character. It contributes to a community of respect and trust between competitors and in society. The goal in sportsmanship is not simply to win, but to pursue victory with honour by giving one’s best effort.[5]
Sports without the following elements is incomplete.
1. Fairness
2. Integrity
3. Responsibility
4. Respect
Ø Fairness
In order to be fair in all aspects, the members of the sports fraternity are expected to follow the guidelines that are laid down by their respective sports. They need to ensure that neither they are providing unfair advantage to any of the players nor are they engaging in any sort of discrimination.
This list does not limit itself to the players and coaches; it even includes referees. Keeping aside their personal interests, referees are always expected to make fair decisions, free from any sort of bias.
Ø Integrity
The National Integrity of Sport Unit (NISU) defines integrity as:
· The manifestation of the ethics and values which promote community confidence in sports, including fair and honest performances and outcomes, unaffected by illegitimate enhancements or external interests; and
· positive conduct by athletes, administrators, officials, supporters and other stakeholders, on and off the sporting arena, which enhances the reputation and standing of the sporting contest and of sport overall.[6]
In other words, since integrity fosters justice, respect, and trust in sports, it is essential for athletes. By ensuring that competitors compete fairly and follow the rules, it preserves the competitive spirit. Honesty also contributes to establishing a good reputation and serves as an example for fans and aspiring sportsmen.
Ø Responsibility
Sports is always and should be considered a team effort because it is not all about that one athlete running on the track or the cricket team on the fields; it is about each and every person associated with him, directly or indirectly. Whether it is the physician, athlete itself, coaches, physician, etc.
Everyone has a definite role to play and should play it with dignity. Therefore, when it comes to performing, it is not only the athlete who will be tested, but even the people who have been behind the curtains will be tested. As a result, the team should not only celebrate the win of the athlete but also share the defeat and should not let the athlete alone be criticized.
Ø Respect
Respect is considered to be a two-way process. If you need respect, then you should give others that respect. All the athletes deserve respect, but they should realize that if they want society to respect them, then in exchange, they should provide society with the same.
· All athletes should show respect for teammates, opponents, coaches, and officials.
· All coaches should show respect for their players, opponents, and officials.
· All fans, especially parents, should show respect for other fans, as well as both teams and officials.[7]
Issues and Challenges
1. Biased Selection Process
It is believed that with determination and hard work, one can easily defeat their fate. Whether it be in life or sports, since years, in order to boost the morale of the sportsperson, their coaches have been using this theory, but with a filter. One thing many coaches will never tell their students is that the sports fraternity is the hub of politics, and with time, despite making people aware of this and raising voices against it, its involvement has only increased. Thus, degrading the quality of sports, players, and, most importantly, the selection process.
Many a time, especially the people who are at the topmost level of the hierarchy, may end up influencing the selectors either by gift, rewards, promotion, monetary benefits, etc. so that their favourite player, despite having zero talent, can be selected and get an entry into the team. Thus, reducing the chances for the player who has the potential.
CONFIRMATION BIAS, refers to the tendency to selectively seek, interpret and remember information that supports pre-existing beliefs[8].
For example, “A” is a coach, and every time he sees the group belle dancers jumping and performing any act, he believes that they are good at long jumps and are fit for such a sport. It is not his fault; rather, the circumstances and the evidence generated were such that it forced him to think like that. Thus, leading to the creation of confirmation bias for the group.
Three ways to enjoy the confirmation bias are:
a) Biased search for information – This type of bias occurs when individuals such as athletes or even supporters actively seek out positive evidence that supports their expectations.
b) Biased interpretation of information – This occurs when the same information is presented to people such as athletes, supporters or even coaches but is interpreted differently.
c) Biased recall of information – This bias occurs when Confirmation Bias impacts how you remember past performances or experiences, which can influence perceptions and judgements.[9]
2. Doping
Doping is the act of giving a person or animal drugs in order to make them perform better or worse in a competition.[10] Sports is all about winning, practicing, learning from endeavours, and constant hard work along with determination, but there are some sportsmen who definitely believe in winning, but in the wrong directions. And one of these directions consists of the use of doping. In order to earn their name and fame, achieve quick results, and win games, the players tend to get into doping. It is sad but true that India, in terms of the use of doping substances, has been ranked as the second nation after Russia[11]. This clearly shows that the future of Indian sports is clearly in a mist, and if something is not done, then it will for sure replace Russia. Whenever a player is caught using any kind of doping substance, he will not only be banned from that particular event but will also be debarred from all upcoming future events for years. Here is the list of the players who have been banned by NADA as they have been tested positive for the use of doping substances.
· Sanjita Chanu
Two-time Weightlifting Commonwealth Games gold medallist Sanjita Chanu was handed a four-year ban by NADA (National Anti-Doping Agency) after testing positive for a banned anabolic steroid Drostanolone Metabolite (which also features in the prohibited list of World Anti-Doping Agency). The test was conducted during the 2022 National Games (September-October) in Gujarat.[12]
· Dutee Chand
The 100m women's national record holder Dutee Chand failed an out-of-competition test conducted by the National Anti-Doping Agency (NADA) on December 5. She was informed by NADA about the adverse analytical finding and provisionally suspended on January 3.
As reported by Hindustan Times, Chand’s sample tested positive for banned anabolic agents andarine, enobosarm and ligandrol. The class of substance comes under Selective Androgen Receptor Modulators (SARMs) in WADA prohibited list and can lead to a ban for four years[13]
· In fact, India's most adorable and favorite sport, i.e., cricket, is untouched by the use of doping substances. People's all-time favorites, Suryakumar Yadav, Smriti Mandhana, Ravindra Jadeja, Harmanpreet Kaur, Hardik Pandya, Ishan Kishan, Rishab Pant and Shreyas Iyer are part of NADA's RTP[14].
3. Umpire’s Discretion
For competent judging position, umpires need to be with clean hands.[15] There are times when umpires tend to get attracted by the rewards that they may get when they perform unfair practices. As a result, they may end up practicing such practices.
4. Gender Discrimination
Since ancient times, India has been considered a male-dominated nation where males have always been given the privilege to express themselves and participate. As a result, they have always been the ones who have been supported to take part in sports and make it their career. But sadly, it was not the case with women; they have always been forced to stay away from sports, no matter how good they were at them. For them, making a career in sports is beyond their imagination.
Luckily, with time, people’s mind-sets have changed, and now they are supporting and talking about women's sports as well, but there is still room for improvement because, even in the sports fraternity, there are people who do not support the growth and progress of women in sports.
5. Favouritism
When favouritism comes into play, then the selectors and coaches tend to forget whether the player is fit to be part of the team or not. Many times, it happens that the least deserving player becomes part of the team and the deserving one misses the chance.
Role of Competition Law in Sports
With time, there has been a lot of development in the field of sports. From being a country that could not afford to buy costly cricket balls to being a country that can now spend more than 14,000 crore[16], India has managed to outshine in all forms. With this, there has been the emergence of different sports associations for different sports. Such as the Badminton Association of India (BAI), Hockey India (HI), All India Football Federation (AIFF), the Board of Control for Cricket in India (BCCI), etc. These associations have become so powerful that they neither allow any other player to enter the market nor do they allow for any change in that particular sport without their permission. As a result, it has been noticed that these associations have started practicing anti-competitive practices. For example, recently Europe’s top football clubs planned to initiate a ‘Super League’ without the involvement of FIFA for extra revenue generation and bragging rights. But due to the power of FIFA, these clubs failed to form such a breakaway league as FIFA threatened players with a ban on international tournaments if they participated in such a tournament. Thus, plans for the ‘Super League’ were over as soon as they came to air. Therefore, from the following example, we observe that such a pyramidical pattern of governance allows a singular body to accumulate too much power and thus show monopolistic behaviour.[17]
Such advancement clearly shows that we are in need of a law that can safeguard the rights of players, coaches, federations, spectators, investors, and all the other stakeholders. As a result, competition law was associated with sports.
Also the Competition Law helps in achieving a balance between flow of money in the sports industry and the fair play. This advent of competition law aims to shield the sports industry and its allies markets from anti-competitive behaviour or illegal/restricted/unfair trade practices that hamper healthy and legal competition in the industry and its allied businesses.[18]The separation between the regulatory policies and anti-competitive behaviour is the primary concern for the competition commission[19]. The activities are being regulated by this law are, broadcasting rights, ticketing arrangements, sponsorship allotments and rigging of bids.
The ambit of the Competition Commission of India, deals with issues that plague sports industries around the world such as broadcasting rights, prejudice in selection procedures, inappropriate deployment of funds and non-accountability in addition to unethical and undemocratic electoral practices.[20]The Indian Competition Act, 2002 states that a dominant position arises when the enterprise has the power to function independently of its competitors and effect then and its consumers in its favour.[21] Which is read with section 19 of the Competition Act.
The role of Competition Law is to create a balance in all forms of sports and its market. The absence of Competition Law will lead to the creation of a gap between sports and the administration as a result, there would be anti-competitive practices. The BCCI, IOA and the IHF and various other associations in India have a politicized administrative structure, which reduces the scope for competition and sports development.[22]
Significant Cases
1) Hemant Sharma and Ors. v. Union of India and Ors.
This case involves a grievance against the All India Chess Federation (AICF). The petitioners challenged AICF’s practice of prohibiting chess players from participating in tournaments or competitions not approved by AICF. They sought a writ of mandamus to direct the Union of India to ensure that AICF does not ban or threaten to ban players associating with other chess associations[23][24][25]. The case touches upon issues of monopolistic practices and the freedom of trade in sports law.
2) Indian Cricket League v. Board of Control for Cricket in India
In this case the Indian Cricket League (ICL) filed a petition against the BCCI, accusing them of misusing their dominant market position as outlined in Section 4 of the Competition Act. Upon entering India's cricket industry, ICL was seen as a direct threat by the BCCI, leading to the imposition of various restrictions on anyone associated with ICL. These restrictions included banning players, pressuring related organizations to sever ties with ICL, denying access to cricket facilities, and disqualifying ICL supporters from receiving advertising and broadcasting rights. Moreover, the BCCI also restricted ICL's access to key stadiums under its control, severely hindering ICL's ability to organize tournaments. Following these actions, the Competition Commission of India (CCI) investigated and found that the BCCI was indeed abusing its dominant market position under Section 4(2) by engaging in practices that obstructed competitors' market access.[26]
Conclusion
In conclusion, while sports continue to be a symbol of unity, health, and fair competition globally, the complexities of the modern sports industry necessitate strong legal and ethical frameworks. Collaboration between regulatory bodies, sports organizations, and stakeholders is crucial to uphold the values of sportsmanship, fair play, and competition while addressing the challenges and ensuring sustainable growth and development in sports.
[1] The term “gentleman’s spirit” in sports refers to the practice of playing fair, respecting all participants, and maintaining integrity both on and off the field. It’s about being gracious in victory as well as defeat, and treating competitors, officials, and spectators with courtesy. This concept is often associated with cricket but applies to all sports.
[2] Sandhya Keelery, Market size of the sports industry India 2017-2022, statista (13 April, 2024, 9:30 p.m.) India: sports industry market size 2022 | Statista
[3] Christina Gough, Total sports market revenue worldwide 2022-2027, statista (13 April, 2024, 10:30 p.m.) Global sports market revenue 2027 | Statista
[4] OECD.org, Competition and Professional Sports - OECD (last visited 13 April, 2024)
[5] Kirk O. Hanson and Matt Savage, What Role Does Ethics Play in Sports?, SCU.EDU (20 February,2024, 2:39 p.m.) What Role Does Ethics Play in Sports? - Markkula Center for Applied Ethics (scu.edu)
[6] Play by the Rules, https://www.playbytherules.net.au/got-an-issue/integrity-in-sport/what-is-it (21 February, 2024)
[7] Kirk O. Hanson, supra note 5 at 2
[8] INNER DRIVE, https://blog.innerdrive.co.uk/sports/confirmation- bias#:~:text=The%20Halo%20and%20Horns%20Effect%20%E2%80%93%20Biased%20search%20for%20information&text=For%20example%2C%20if%20a%20basketballer,of%20the%20athlete's%20overall%20ability. (26 February, 2024)
[9] ibid
[10] Cambridge Dictionary, DOPING | definition in the Cambridge English Dictionary (26 February, 2024)
[11] TH, https://www.thehindu.com/sport/india-second-worst-country-in-wadas-10-year-global-study-of-positive-doping-cases-by-minors/article67775086.ece (27 February, 2024)
[12] M Sudarshan, List of Indian athletes banned for doping in 2023, KHEL NOW (26 February, 2024, 3:45 p.m.) https://khelnow.com/olympics/2023-03-indian-athletes-banned-for-doping-2023-full-list
[13] Ibid
[14] Sabi Hussain, 142 Indian athletes caught for doping in 2022-2023, THE TIMES OF INDIA (26 February, 2024 4:00 p.m.) https://timesofindia.indiatimes.com/sports/more-sports/others/142-athletes-caught-for-doping-in-2022-2023/articleshow/106681591.cms
[15] Dr. Ashish Deshpande, UNETHICAL PRACTICES IN INDIAN SPORTS:
ISSUES AND CHALLENGES, VI JLPP – NLSIU 1, 7 (2020) https://ceerapub.nls.ac.in/wp-content/uploads/2020/07/JLPP-Vol.-VI-Final.pdf
[16] Christina Moniz, Indian sports industry records 49% growth in 2022 to reach Rs 14,209 crore; sponsorship grows 105% to reach Rs 5,907 crore, FINANCIAL EXPRESS (13 April, 2024, 7:58 p.m.) Indian sports industry records 49% growth in 2022 to reach Rs 14,209 crore; sponsorship grows 105% to reach Rs 5,907 crore - Sports News | The Financial Express
[17] Amitoj Singh Chadha, Role of Competition Law in Sports in India, Global Sports Policy Review (14 April, 2024, 5:45 p.m.) Role of Competition Law in Sports in India (g-spr.com)
[18] P.vasishtan, The Interface between Competition Law and Sports in India, Legal Service India (15 April, 2024, 4:56 p.m.) The Interface between Competition Law and Sports in India (legalserviceindia.com)
[19]Bhagirath Ashiya, THE SPORT, MONEY AND LAW: TRANSFORMING INDIAN SPORTS
ADMINISTRATION THROUGH COMPETITION LAW, 1 ICLR 16, 22 (2016) ICLR Volume 1 (Second Article).pdf
[20] Gaurang Kanth, Emergence of Sports Law in India www.indialawjournal.com 2009
[21] Section 4, Competition Act,2002
[22] Boria Majumdar and Nalin Mehta,India and the Olympics, Harper Collins Publishers (2010) p.97-99.
[23] Hemant Sharma and Ors. Vs Union of India and Ors, W.P. (C) 5770/2011
[24] Supreme Today AI, https://supremetoday.ai/doc/judgement/01100033521 (14 April, 2024)
[25] Hemant Sharma and Ors. Vs Union of India and Ors, supra note 27 at 9
[26] Amitoj Singh Chadha, supra note 21 at 6
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