Mark-E. Orth // Deutsche Sporthochschule Köln und Hochschule für Technik und Wirtschaft Chur, Schweiz
Zum ProfilIOC Advertisement Restrictions for Athletes During Olympic Games - Rule 40 IOC Charter- Abuse of a Dominant Position?
Mannheim Competition Policy ForumCommitment Decision of the Bundeskartellamt
IOC obliges any athlete or official taking part in the olympic games to accept rule 40 of the IOC charter, which excludes athletes from doing advertisment during the olympic games. On behalf of athletes I challenged the rule as an abuse of a dominant position.
We argued that transferring image rights without direct rewards is an abuse of a dominant position and the exclusion of advertisement by athletes is a further abuse. Lastly we argued that the arbitration clause imposed by IOC and German Olympic Sports Federation is an abuse of a dominant position.
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