Sports law refers to the wide body of legal instruments present in all amateur and professional sports activities (Beloff, Kerr & Demetriou, 1999, P.33). It is a specialized branch with links to contract law, competition law, labor law, tort law, and intellectual property rights (Roberts, 1939, P. 34). Contract law and intellectual property law are most prevalent in most sports activities due to the number of sports personalities taking part in brand endorsements and advertising (Haugen, 2005, P. 33). Deficiencies in sports regulations are exploited by multi-national brands who sign popular sport persons and professional teams to promote their brands, hence increasing their market penetration rates and presence (Gardiner, 1998, P. 56)
The use of sportsmen and women in promoting company brands is disadvantaged to small enterprises with no capital to invest in such capital intensive undertaking (Joubert & Scott, 1976, P. 45). Today, it is common to find a company sponsoring two or more teams playing in the same league (le Roux, 2010, P. 23). The Coca-Cola Company entered into a contract with the United States of America basketball legend, Michael Jordan to promote its Sprite drink and hence a result, the drinks become the world most consumed (Raju, 2006, P. 22). Years after the contract ended, it is popular to see many fans in stadiums holding a can of the drink.
This dissertation will investigate the deficiencies in the South African sports law that allow multinationals to use their economic power to penetrate world markets and hence monopolizing international market systems at the expense of smaller brands (Van Huyssteen, Van der Merwe & Maxwell, 2010, P. 45). The use of sport person in endorsements denies consumers the variety and cheap prices associated with competition. The paper will also evaluate and make recommendations on how the South African sports regulations can be amended or overhauled to protect small businesses from the unfair competition associated with sports endorsements. It will majorly rely on the Coca-Cola deals with sport persons and clubs as its case studies as sources of significant data.
References
Beloff, M., Kerr, T., & Demetriou, M. (1999). Sports law. Oxford: Hart Pub.
Haugen, H. (2005). Intellectual Property-Rights or Privileges?. The Journal Of World Intellectual Property, 8(4), 445-458. http://dx.doi.org/10.1111/j.1747-1796.2005.tb00262.x
Gardiner, S. (1998). Sports law. London: Cavendish.
Joubert, W., & Scott, T. (1976). The Law of South Africa. Durban: Butterworths.
Le Roux, R. (2010). The Evolution of the Contract of Employment in South Africa. Industrial Law Journal, 39(2), 139-165. http://dx.doi.org/10.1093/indlaw/dwq002
Raju, C. (2006). Intellectual property rights. New Delhi: Serials Publications.
Roberts, A. (1939). Wessels's The Law of Contract in South Africa. The University Of Toronto Law Journal, 3(1), 225. http://dx.doi.org/10.2307/824656
Van Huyssteen, L., Van der Merwe, S., & Maxwell, C. (2010). Contract law in South Africa. Alphen aan den Rijn, The Netherlands: Kluwer Law International.
