Exploring the Intersection of Sports and Competition Law in South Africa: Lessons From the EU and the US

Abstract

The South African sports industry is a dynamic sector that is constantly growing. This growth is associated with the commercialisation of the industry in different sporting codes. However, the growth has not been smooth owing to a lack of concise and responsive legislative frameworks, which has resulted in anti-competitive practices such as abuse of dominance and restrictive and collusive practices that may hinder growth of the industry. There is an opportunity for competition law to intervene to regulate anti-competitive practices that may arise in sports. The article explores examples of anti-competitive behaviour in sports and how competition authorities should apply competition law in sports. The article also examines selected judgments that showcase the intersection of sports and competition law in South Africa and other jurisdictions such as the European Union (EU) and the United States (US). The emphasis is placed on these jurisdictions since, at the time of writing this article, there was no precedent for this discourse in South Africa. The article concludes by suggesting that South Africa may draw some lessons from jurisdictions like the EU and the US.