ABSTRACT
This chapter is the reflection of a seasoned expert on the Swiss regulatory model under which international sports governing bodies (SGBs) operate when organised as Swiss associations. As an exploration of the legal, political and social reality of sports governance on Swiss soils, the chapter shows why (EU) competition law rules are seldom applied to these SGBs, their regulations, operations and decisional practice. As a case study of how limited is the reach of EU antitrust law in the application of law (Rechtsanwendung) on Swiss soil in cases concerning actors of the world of sports, the chapter examines the status of international SGBs as non-profit organisations incorporated under Swiss associations law, including the role of the Court of Arbitration in Sport (CAS) as the preferred or, in many cases, the only forum for dispute resolution and the rather limited access to judicial review before the Swiss Federal Tribunal of arbitral awards.
