QUARTERLY INTERNATIONAL SPORTS LAW NEWSLETTER – OCTOBER 2025
Welcome and Aims
We welcome readers to the fifth issue of our International Sports Law Newsletter, which appears quarterly, and aims to update you on developments and activities in our international sports law practice.
Please subscribe to our Newsletter by clicking here, completing and submitting the Newsletter Subscription Form.
Developments at the Firm
We are pleased to report the following new developments at our Law Firm:
Space Law
Gurur Gaye Günal, the Head of our Turkish Law Practice and an expert on Space Law, will be one of the speakers at the International Online Seminar, via Zoom, on Space Law, Policy & Governance, which will be hosted by ŞiraSpace on 1 November 2025.
The Seminar will address key legal and regulatory challenges in outer space activities, with a focus on practical cases including space debris, spectrum allocation, ITU (International Telecommunication Union) rules, insurance, liability for collisions, licensing, and dispute resolution.
In her speech, Gurur Gaye Günal will focus on the essential International Treaties forming the foundation of Space Law.
Caster Semenya
Dr Estelle Ivanova publishes this month a review of this important Caster Semenya Decision of the Grand Chamber of the European Court of Human Rights in the leading weekly New Law Journal (https://newlawjournal.co.uk).
Imane Khelif Appeal
As usual, the Court of Arbitration for Sport (CAS) is handling a wide range of sports-related disputes, and particular mention may be made of an appeal by the controversial transgender Algerian female professional boxer, Imane Khelif, who won a gold medal in the female boxing category at the 2024 Summer Olympics in Paris, whose eligibility for the female category was based solely on the gender stated in her Passport.
She has filed an appeal, on 5 August 2025, at the CAS against World Boxing concerning a decision that disallows the athlete’s participation in forthcoming World Boxing events without a preliminary genetic test.
In her appeal, Khelif seeks to overturn a decision by World Boxing that she “was not allowed to participate in the Box Cup in Eindhoven, nor in any World Boxing event until she had undergone genetic sex testing”.
The appeal also requested that CAS declare her eligible to participate in the 2025 World Boxing Championships from 4 to 14 September 2025 without a test.
On 1 September 2025, CAS dismissed a request to suspend the execution of the decision by World Boxing until the case is heard.
The Parties are currently exchanging written submissions, and, with their agreement, a hearing will be scheduled. CAS procedures, whilst ongoing, are confidential.
Some International Olympic Committee (IOC) News
Olympic Games: IOC Working Groups
The new President of the International Olympic Committee, Kirsty Coventry, has set up four working groups, with the aim of reshaping the Olympic Games.
One of them includes the protection of women’s sport, which is an ongoing controversial issue.
The other working groups will review the Olympic programme; the Youth Olympic Games; and commercial partnerships and marketing.
The President had promised, when elected, to create a working group for women’s sport, stating that the IOC must “play a leading role” on gender eligibility, and added that the new group will “look at how we can best protect the female category”.
However, whilst naming the members of the other three working groups, the IOC stated that: “The names of the members of the working group will remain confidential for now to protect the integrity of the group and its work.”
But added: “The group will consist of experts and international federations.”
To date, the IOC has left gender regulations to the governing bodies of individual sports rather than issuing universal regulations.
Several sports federations, in fact, have introduced regulations that ban athletes, who have undergone male puberty, from competing in elite female competitions.
Also, in February 2025, the US President Donald Trump signed an executive order, which includes the 2028 Los Angeles Olympic Games, preventing transgender women from competing in female categories, and added that he will deny visas for transgender athletes trying to visit the US to compete in the Games.
The IOC President explained that the new groups: “Will allow us to meet deadlines and bring important technical expertise to these complex and important discussions, while realigning where we feel that it is necessary to strengthen our movement”.
And added that: “These groups will receive constant feedback to make sure that everybody is fully aligned and that all recommendations are fully integrated.”
It will be interesting to see what comes of this exercise, in due course.
The Olympic Sports Calendar and Climate Change
According to the President of World Athletics, Lord Sebastian Coe, the global calendar of Olympic sports may need to be “re-engineered” to face the challenges posed by climate change, following the experiences of athletes competing in the World Athletics Championships in Tokyo in September 2025, which have recently ended.
During the nine days of competition, the athletes had to contend with temperatures exceeding 30C and humidity of more than 90%.
Conditions were particularly difficult for the endurance events.
According to Lord Coe, the marathon may need to be held separately, at a different time of the year, in order to protect athletes from unsafe conditions in future. He added that: “I do think this is probably going to have to happen at some stage, and sooner rather than later.”
Climate change is certainly presenting challenges in all aspects of human life, including the organisation and staging of major international sporting events around the world.
We follow all the developments at the IOC regarding the Summer and Winter Olympic Games for the benefit of our clients.
World Athletics Updates Women’s Sport Regulations
World Athletics has updated its women’s sport regulations to implement a one-time SRY gene test for athletes competing in the female category at world ranking competitions, effective September 1, 2025.
This decision stems from a 2023 rule change banning transgender women who underwent male puberty and a subsequent working group’s recommendation to go further.
The new SRY gene test is considered a reliable proxy for biological sex, intended to preserve fairness and integrity in women’s athletics, as the majority of stakeholders agreed that only biological females should compete in the female category.
In addition, World Athletics is merging its Regulations for DSD (Differences of Sex Development) and Transgender Athletes due to new evidence suggesting testosterone suppression only partially mitigates the male performance advantage.
Rugby Union Football (RFU): First Woman President
In its 154-year history, Deborah Griffin has become the first woman President of the RFU, with the aim of driving transformation within the sport.
Her new role is the culmination of a life dedicated to rugby and she first took up the sport when at university.
A founding member of the former Women’s Rugby Football Union in 1983, she is one of four women, who organised the first women’s Rugby World Cup in 1991, and, in 2010, became the first woman to be appointed to the RFU Council and, in 2014, the first elected female RFU Board member.
Her appointment to President is yet another example of the increasing role that women are playing in sport around the world both as administrators and players.
We follow and advise on developments in women’s sport in Switzerland and beyond and further information is available from the relevant Heads of our Country Desks.
The Settlement of Football Disputes
We would draw the attention of the readers of our Newsletter to the series of Posts, which we have recently published on our website, on this complex subject in France, Germany, Italy, Switzerland, Türkiye and the United Kingdom.
These Posts have also been published on the FFAR website at ‘www.ffar.online’.
We advise on all aspects of football disputes and further information is available from the relevant Heads of our Country Desks.
Plea Bargaining in Italian Football Cases
We would also draw the attention of the readers of our Newsletter to the Juventus Plea Bargains Case.
The recent decision of the Rome Tribunal to accept the plea bargain requests submitted by several former Juventus Football Club executives, including the former chairman, Andrea Agnelli, and the former vice-chairman, Pavel Nedved, has once again highlighted the interplay between criminal justice and sports justice, as well as the role of alternative dispute resolution mechanisms in the Italian legal system.
Plea bargaining, under Article 444 of the Italian Code of Criminal Procedure, is a distinctive feature of the Italian criminal justice system.
It is an agreement between the prosecution and the defence, which, subject to judicial approval, allows a defendant to conclude criminal proceedings with a reduced sentence, without any formal admission of guilt.
In this case, the Rome Tribunal approved, on 22 September 2025, a plea bargain of one year and eight months for Agnelli and one year and two months for Nedved, both suspended sentences. Former CEO, Maurizio Arrivabene, in comparison, has had the criminal proceedings against him dismissed.
This form of negotiated settlement has two key effects:
- it avoids the uncertainty and duration of a complex trial, whilst guaranteeing a significant reduction of the sentence;
- it does not imply a definitive acknowledgment of guilt, although it still produces legal consequences, for example, registration in the criminal records.
The Juventus case focused on allegations of false accounting and financial misrepresentation, particularly in connection with player transfers and salary agreements during the COVID-19 pandemic. Prosecutors argued that Juventus overstated certain transactions and deferred the recognition of liabilities, with significant implications for financial markets, given that the club is listed on the Milan Stock Exchange.
The case, therefore, represents a paradigmatic intersection of white-collar criminal law, financial market regulation, and the sports regulatory framework, which had previously imposed heavy sanctions on the club, including a one-year ban from European competitions.
The Juventus case also underlines the importance of strong corporate governance and effective compliance mechanisms. Publicly listed companies – regardless of whether they operate in sport, industry, or services – must ensure transparency in financial reporting, robust internal controls, independent audit procedures, and a corporate culture designed to reduce opportunistic behaviour.
Beyond the media spotlight generated by football, the Juventus case is also a significant precedent for understanding how criminal economic law interacts with sports regulations and financial market oversight.
From a Swiss legal perspective, the Juventus case offers some relevant comparative insights. The closest analogue to Italian plea bargaining in Switzerland is the Summary Penalty Order Procedure under the Federal Criminal Procedure (article 352 ff. CrimPC), which enables certain cases to be resolved through an admission of guilt by the accused. However, the Swiss legal framework provides different margins of discretion and does not grant the same automatic reduction of sentence as the Italian system, but the discretion of the Swiss Prosecutor is high.
For companies – in Italy, Switzerland, and elsewhere – the Juventus case will serve as a reminder of the critical importance of transparency and regulatory compliance.
Prevention, through effective organisational models and responsible governance, remains the most effective safeguard against the risks of criminal proceedings and sanctions, whether civil, financial, or sporting.
We act in all civil, criminal and fiscal aspects of Italian football, and further information may be obtained by emailing the Head of our Italian Desk, Avv. Sara Botti, at botti@valloni.ch.
European Union (EU) and US Competition Law and Sport
EU Law
Another issue of concern to clients is the interface between Sport and EU Competition Law and its various practical implications in relation to the organisation of sports events and the marketing and broadcasting of them.
This important subject has been covered in several recent Posts on our website to which we would draw the attention of the readers of our Newsletter.
US Law
We would also draw the attention of our readers to the following important US Antitrust (Competition Law) Case launched by the so-called Enhanced Games.
On 27 August 2025, Enhanced Games has announced on its official website that it had filed an antitrust complaint before the United States District Court for the Southern District of New York against World Aquatics, USA Swimming, and the World Anti-Doping Agency (WADA).
The Enhanced Games were launched as a concept in 2023, and allow, under medical supervision, the use of certain performance enhancing drugs, that are approved by the United States’ Food and Drug Administration (FDA), in their competitions, which include swimming.
The US legal proceedings directly challenge By-law 10, recently published on the World Aquatics website, which introduces new rules of ineligibility for athletes and support staff associated with competitions that embrace “scientific enhancements that include the use of Prohibited Substances or Prohibited Methods (as those terms are defined in the Doping Control Rules) and/or the use of any illegal drug.”
The complaint, grounded in Sections 1 and 2 of the Sherman Act 1890, alleges a coordinated effort to prevent participation in the Enhanced Games. At issue is whether the contested measures amount to an unlawful foreclosure of competition in the international elite swimming market.
The complainant is seeking US$200 million (around Sw. Frs. 159.3 million) in actual damages, to be trebled to USD 800 million (around Sw. Frs. 640.2 million), together with punitive damages and the recovery of attorneys’ fees, as well as injunctive relief aimed at restraining what it alleges is the defendants’ unlawful campaign and suspending the application of By-law 10.
By-law 10 declares ineligible any individual who participates in, supports, or even endorses a competition that embraces “scientific enhancements”, regardless of any proven violation of the World Anti-Doping Code. Its scope extends beyond athletes to include coaches, doctors, physiotherapists and officials. World Aquatics has explained that this measure is intended to uphold Olympic values; safeguard health and safety; and protect the integrity and reputation of aquatic sports.
The complainant, for its part, presents a different vision of elite sport. Its model places strong emphasis on athlete welfare, financial recognition, and independence from public funding. According to its published materials, all competitors undergo comprehensive medical profiling — including cardiac and brain imaging, biomarker analysis, musculoskeletal assessments, and genomic sequencing — to ensure eligibility and detect potential risks.
The complainant further emphasises its policy of providing some of the highest athlete payouts, combining appearance fees, performance-based bonuses, and record-breaking rewards. In presenting itself as aspiring to a global benchmark in athlete medical assessment, it seeks to unite technological innovation with meaningful financial recognition. Its events are also described as fully privately funded, supported by leading venture capital investors, which, in its view, ensures independence from public subsidies and taxpayer resources. According to its official announcements, the first Enhanced Games will take place at Resorts World, Las Vegas, Nevada, from 21 to 24 May 2026, featuring swimming (50m and 100m freestyle; 50m and 100m butterfly); track and field (100m sprint; 100m/110m hurdles); and weightlifting (snatch; clean & jerk).
This broader vision already has practical consequences. British swimmer Ben Proud, Olympic silver medallist and world champion, has announced that he will join the Enhanced Games. Whilst World Aquatics and UK Sport have expressed strong opposition, the latter even reviewing his eligibility for public funding, Proud has emphasised that participation will take place under strict medical supervision and does not, in his view, undermine the principles of clean sport.
The litigation in New York resonates with recent case law of the Court of Justice of the European Union (CJEU); in particular, the Superleague (Case C-333/21), International Skating Union (Case C-124/21 P), Royal Antwerp (Case C-680/21) and Diarra (Case C-650/22) judgments. In these judgments, the CJEU emphasised that sports federations exercising regulatory powers whilst engaging in economic activity must comply with EU competition law (Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU)) and fundamental freedoms, including the free provision of services under Article 56 TFEU and the free movement of workers under Article 45 TFEU. Rules excluding participation in rival events or imposing eligibility restrictions risk being incompatible where they lack transparency, objective and non-discriminatory criteria, or proportionality.
Such European jurisprudence may be instructive, but its relevance remains illustrative only, given the distinct legal and institutional frameworks. It will, therefore, be for the U.S. courts to assess the issues in the present case on the basis of the applicable standards and evidence. More broadly, the litigation contributes to the wider debate on how to reconcile the autonomy of sports governance with the principles of open competition and the freedom of athletes and organisers to choose between different models of sport.
Ultimately, this case is not about favouring one model over another, but about whether different approaches to elite sport can coexist within a framework that safeguards athlete welfare, whilst upholding the principles of open competition.
Procedurally, it is also worth noting that By-law 10 provides that only individuals, who are declared ineligible, may challenge such a decision, and solely before the Court of Arbitration for Sport (CAS) in Lausanne, Switzerland. The present proceedings, however, were not initiated by an athlete but by Enhanced Games itself, thereby taking the dispute outside the arbitral legal framework.
In Europe, the recent RFC Seraing ruling (Case C-600/23) confirmed that arbitral awards in sport must remain subject to effective judicial review by courts within the EU to ensure consistency with EU competition law and public policy. Against that background, the possibility of future litigation in Europe cannot be excluded, particularly since CAS panels may themselves be required to apply EU competition law when assessing federative rules such as By-law 10.
The coming months will be decisive in clarifying how far sports federations may go in protecting integrity and health, without, at the same time, unduly restricting access to markets and opportunities in global sport.
We act in all cases of EU Competition Law and Sport, and further information and advice is obtainable from Dr Estelle Ivanova, by emailing her at ‘ivanova@valloni.ch’.
Motor Sport
Formula 1: Christian Horner Payout!
Christian Horner, the former team principal of Red Bull Racing (Red Bull), has now formally left with an agreed severance payment following his dismissal – official wording: “released from his operational duties” – on 9 July 2025.
Although Red Bull has not published the amount of his payment, it is believed to be €60 million (around Sw. Frs. 64.3 million), making it one of the largest pay-outs in sporting history!
Horner, who is 51 years old, was in charge of the Red Bull Formula 1 team since it began in 2005 and delivered eight drivers’ championship and six constructors’ championship titles.
His salary was reportedly €12 million (around Sw. Frs. 12.8 million) per annum, and his contract ran until 2030.
His dismissal followed a controversial period of 18 months, that began when a female employee accused him, in February 2024, of sexual harassment and coercive, controlling behaviour.
Horner was twice cleared of these claims.
Firstly after an internal investigation conducted by a lawyer, and, subsequently, by another lawyer who dismissed the complainant’s appeal.
The revelation disclosed a power struggle within the Red Bull team which led to a loss of competitiveness.
Motor Sport Safety
We would also draw your attention to an interesting article, published in the September issue of the ‘Sports Law and Taxation Journal’ (www.sportslawandtaxation.com) on the challenging subject of ‘The Evolution of Motorsport Safety: A Legal and Technical Analysis’ by Brett Viedge, of HBG Schindlers, Attorneys, Johannesburg, South Africa.
We advise on all aspects of motor sport, including GT Racing, especially disputes, and further information is available from our Managing Partner, Dr Lucien Valloni, by emailing him at ‘valloni@valloni.ch’.
Careers with Valloni Attorneys at Law
We are always looking to recruit further well-qualified and motivated members of our Team, who, in line with the ethos of our Law Firm, are focussed on results, and we should be very pleased to hear from such candidates, who should email their CVs to our Managing Partner, Dr Lucien Valloni, at ‘valloni@valloni.ch’.
Further Information and Advice
For further details of any of the sports law issues covered in this Newsletter, please refer to the NEWS section of our website.
Also, for any professional advice and assistance on any of these issues, or, indeed, on any other matters, especially sports-related disputes of a sporting or a commercial/financial nature, which are a particular specialism of our Law Firm, please email our Founder and Managing Partner, Dr Lucien Valloni, at ‘valloni@valloni.ch’.
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