ANYONE FOR A GAME OF MONOPOLY™?* A CRITICAL EVALUATION OF THE EVERINCREASING COMMERCIALIZATION OF MAJOR SPORTING EVENTS PART 1: AN OVERVIEW OF AMBUSH MARKETING IN SPORT

Abstract

This is the first part of a three-part article which critically evaluates the everincreasing trend of commercial monopolization of major sporting events by sports governing bodies and their commercial partners such as sponsors. This first part of the article will provide a background description of the various forms of protection against ambush marketing of events, as an area where such increased calls for the creation and ring-fencing of commercial rights to events have been (and remains) at the forefront. The second part of the article will evaluate the legitimacy of such protections (especially in the form of special legislation) critically in the context of such commercial monopolization, with reference to constitutional, intellectual property and competition-law arguments in the South African context, and will conclude with some observations regarding current developments elsewhere.