Research On Antitrust Regulation Of Professional Athletes Mobility System

Professional athlete mobility system is a common management measure in professional sports league,through the transfer system,draft system,salary cap system and other management measures to effectively restrain the free flow of athletes,this helps to maintain the professional sports league competitive balance,let the game become more exciting,and it is helpful for professional sports leagues to realize the economic purpose of maximizing profit.From the perspective of anti-monopoly law,the mobility system of professional athletes restricts the competition in the competitive market of professional sports clubs.However,because the professional sports industry has the particularity of anti-monopoly regulation.,professional sports leagues often defend the competitive balance,arguing that the professional athlete mobility system is legitimate and reasonable.Therefore,how to balance the values of maintaining competitive balance,protecting the free flowing rights of professional athletes,maintaining the order of market competition,that is the problem for professional sports antitrust legislation and judicial practice.This article first discusses the scope of professional athletes and the specific forms of professional athletes' mobility system,and sorts out the necessity and particularity of applying professional anti-monopoly regulations to professional athletes' mobility system.Secondly,this article examines the anti-monopoly regulation practice of the system of professional athletes in the United States and European Union,conducts competitive analysis of the specific system of professional athletes'mobility,and summarizes the legislative and judicial experience that can be drawn from the anti-monopoly regulation of the professional athletes in the field.Again,this article takes the Chinese professional football league as an entry point,based on the analysis of the necessity of anti-monopoly regulations for professional athletes,this paper analyzes the institutional practice of the specific system of professional athletes in China,and then summarizes the difficulties in the anti-monopoly regulation in this area.Finally,in view of the current situation of the development of professional sports industry in our country,the following specific suggestions are put forward for the antitrust regulations of the flow system of professional athletes in our country.First,we should speed up the legislative process of anti-monopoly regulation of the flow system of professional athletes in our country,establish the anti-monopoly exemption system of professional sports in our country.Second,improve the judicial mechanism of the antitrust regulation of the system of professional athletes,apply the principle of reasonableness to analyze the the system of professional athletes' mobility,and improve the system of private enforcement of antitrust law.Third,we should raise the level of enforcement of the anti-monopoly regulation system in China and formulate anti-monopoly law enforcement guidelines in the field of professional sports.Fourth,we should improve the supporting facilities for anti-monopoly regulation of professional athletes' mobility system.