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China Sports Professional League Antitrust Regulation

Posted on:2012-01-22Degree:MasterType:Thesis
Country:ChinaCandidate:J X HuangFull Text:PDF
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As some officials of Chinese Football Association will be prosecuted, the Chinese Football League seems to usher the first ray of sunshine after the winter. This will give a boost to the football market, and the confidence which Chinese people have in the Chinese Football League is recovering slowly but persistently. This paper is in such a context. From the point of view of China's antitrust law, this paper reviews relevant research related to the regulations of EU competition law in recent years to the EU Football League, and discusses issues of the Chinese Football League and application of antitrust law in related industries.Behavior of Chinese Football Association in Football League was questioned as monopoly for a long time. As soon as the antitrust law was enacted, people of all walks suggested that the Government should make use of antitrust law to regulate the Chinese Football Association and the Chinese Football League. However, due to administrative intervention in the Chinese Football Association and various other problems, it is very difficult to apply antitrust law to the personal territory of Chinese Football Association directly. But during last two years, not only the tremendous shock to the Chinese Football Association, but also with the central government's confidence in the consolidation of Chinese Football League, antitrust law once again become the focus of the regulation on the Chinese Football Association.However, as China still does not have precedent of investigation and regulatory, this paper starts the research from the regulation of European Union competition law on the European Football League. And through the basic introduction of EU competition law, regulations and operating system, this paper contains several classic cases of EU, this paper presents how some of the basic principles of EU competition law applies to EU Football League and demonstrates or the legitimacy and rationality for the professional football clubs in Europe.Subsequently, though the analysis of the phenomenon of monopoly in the development of Chinese football league, this paper gets the evidence that these phenomena violates antitrust law. This paper studies the experience of EU competition law regulation on their league, and proposes that China's antitrust law's regulations of Professional Soccer League programs, mainly through the focus on the Football Association regulations and reforms. In addition, this paper gives the introduction in Europe of Bosnian free transfer system in practice, and make suggestions of the club movement, associated clubs, TV rights and other problems of restricting competition.This paper is divided into four parts. The first section gives a brief overview of the development of the Football League. At first, this paper admits the achievement of Football League and the industrialization of the Football. After the affirmation of marketization of the Football League, this paper further analyzes of the promulgation of the antitrust law for the Football League.At first, in jurisprudence, the antitrust law is applicable. Second, China's Football League and related industries need to be applied antitrust law. Because antitrust law is considered as an economic constitution in all areas of the economy. And the successful experience of the EU is a strong proof.The second section illustrates the in the European Union restrictions on competition issues of Football League and the application of EU competition law, which is on the basic understanding of the current development of football industry and the anti-trust law. Reason is that China does not have practice of application of antitrust law to the football industry, the most direct experience should learn from the advanced experience. Through analysis of the phenomenon in Football League by the restrict competition of EU, I found that many problems occurred in China and the EU are very similar, such as restrictions on the flow of players. In addition, this paper give brief introduction of the origin of EU competition law and implementation procedure, mainly several important precedents in the EU, these laws will be very important, and be repeated. I believe the understanding of itself and implementation of the system is conducive to our understanding of the application of EU competition law to Football League's ideas and methods. In the second section, the author analyzes famous Bosman case separately, although some cases don't directly apply to the EU competition law, but its special role in guiding the EU competition law also applies to professional football has an important role. Through case analysis, the application of Chinese antitrust law to Football League can learn some of the ideas and methods from it.The third section discusses the phenomenon of the existing limitations of Chinese competition, some controversy cases events are well known in the football. By introducing the typical representative, this section means to make recommendations to pave the way for later sections.The fourth section analyzes the application of current antitrust law applicable to the plight of the Chinese Football League. According to the phenomenon of monopoly of China Soccer League, I put forward solutions corresponding recommendations and the advanced experience of the EU. In addition, section 4 puts forward a propose that we should learn more innovative management mode of English Football League. From the perspective of antitrust Law, I make recommendations to the reform of the Chinese Football Association.
Keywords/Search Tags:Sports League, Antitrust Law, Legal rules
PDF Full Text Request
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