World Swimming Coaches React Strongly to Athlete Antitrust Ruling

Fina-athletes
Photo Courtesy: © Kees-Jan van Overbeeke

On December 8, The European Commission decided that International Skating Union (ISU) rules imposing severe penalties on athletes participating in speed skating competitions that are not authorized by the ISU are in breach of EU antitrust law. The ISU must now change these rule allowing athletes to represent other organizations without penalty.

The investigation found that under the ISU eligibility rules, in place since 1998, speed skaters participating in competitions that are not approved by the ISU face severe penalties up to a lifetime ban from all major international speed skating events. The ISU can impose these penalties at its own discretion, even if the independent competitions pose no risk to legitimate sports objectives, such as the protection of the integrity and proper conduct of sport, or the health and safety of athletes.

FINA has a similar rule that the World Swimming Coaches is challenging:

GR 4 UNAUTHORISED RELATIONS

GR 4.1 No affiliated Member shall have any kind of relationship with a non-affiliated or suspended body.

GR 4.2 The exchange of competitors, administrators, directors, judges, officials, trainers, coaches, etc., with non-affiliated or suspended bodies is not permissible.

GR 4.3 The holding of demonstrations and/or exhibitions, clinics, training, competitions, etc., with non-affiliated or suspended bodies is not permissible.

GR 4.4 The Bureau may authorise relations with non-affiliated or suspended bodies as in Rules

GR 4.1 through GR 4.3 above.

GR 4.5 Any individual or group violating this Rule shall be suspended by the affiliated Member for a minimum period of one year, up to a maximum period of two years. FINA retains the right to review the suspension made by the affiliated Member and to increase it up to the maximum of two years in accordance with the circumstances involved. The affiliated Member shall abide by any such increase made on review. In the event that such individual or group has resigned its membership with the affiliated Member or is not a Member, it shall not be allowed to affiliate with that Member for a minimum period of three months up to a maximum period of two years. FINA retains the right to review any such sanction imposed by the affiliated Member and to increase it up to the maximum of two years in accordance with the circumstances involved. The affiliated Member shall abide by any such increase made on review.

GR 4.6 Each Member that conducts a competition shall strictly enforce the FINA Rules governing eligibility.

The World Swimming Coaches Association reacted to the decision:

The World Swimming Coaches Association (WSCA) welcomes the decision of the European Commission (EC) regarding the International Skating Union (ISU) and its rules that enforced sport-slavery for its professional athletes. Nearly identical rules exist in most of the International Federations (IFs), in our case FINA, the international aquatics federation.

As delighted as we were to hear the decision of the European Commission, we were horrified to read the positions taken by the presidents of the ISU and IOC. IOC President, Thomas Bach, spoke against the European Commission’s decision, saying that it was being looked at, “…only from a business perspective, the social value of sport is lost.”

As coaches who are dedicated to Olympic ideals, we never thought slavery would be listed as an Olympic ideal. Clearly, this was only about business, because it only affected professional athletes and did nothing to change the competitive rules of the sport.

The WSCA supports the decision of the European Commission for the same reasons. Professional athletes should be free to practice their profession (swimming) without being held hostage by an international monopoly. The ISU held that the EC’s decision violated the (EU) Treaty, because it did not recognize the “voluntary” nature of sport.

The decision to participate in sport is clearly voluntary, but no athlete ever is allowed to join FINA or choose a different IF to represent his or her needs. How can it be considered voluntary if the athlete never gets to choose? To be voluntary, the person must have choices. No athlete ever joins FINA, or is given a choice as to which organization would best represent their interests.

The WSCA will call on Mr. Cornel Marculescu, FINA Executive Director, to request that FINA drop all monopolistic rules that keep FINA in the same anti-trust position as the ISU. Freedom for the athletes, not athletic slavery, is the issue. FINA must act now or face a similar outcome in court.

 

Subscribe
Notify of
guest

Welcome to our community. We invite you to join our discussion. Our community guidelines are simple: be respectful and constructive, keep on topic, and support your fellow commenters. Commenting signifies that you agree to our Terms of Use

0 Comments
Inline Feedbacks
View all comments
0
Would love your thoughts, please comment.x
()
x