COMBATTING MATCH FIXING IN SWITZERLAND
Match fixing, also known as the manipulation of sports competitions, is contrary to the spirit and nature of sport, which relies on fair competition in all respects.
Manipulation of sports competitions has been defined in article 3.1 of the Council of Europe Convention on the subject (CETS no.215) (the Macolin Convention), which was concluded in 2014 and entered into force on 1 September 2019. as follows:
“an international arrangement, act or omission aimed at an improper alteration of the result or the course of a sports competition in order to remove all or part of the unpredictable nature of the aforementioned sports competition with a view to obtaining an undue advantage for oneself or for others.”
The Convention applies to the intention of manipulation, even if such intention is unsuccessful, and the undue advantage always involves a financial dimension, either directly or consequentially.
The Convention is the only international regulation of its kind on this important subject of protecting the integrity of sport and also addresses the non-sporting criminal side of the matter.
Furthermore, the Convention engages in one coordinated action all the relevant public and private stakeholders, namely public authorities, including ministries, law enforcement agencies and prosecutors, the sports movement, notably organisations and federations, and sports betting operators.
The Convention has been ratified by several countries, including Switzerland.
Breaches of the Convention may result in fines on individuals and temporary or permanent disqualification from exercising commercial activity on legal persons, including sports betting operators.
We advise sportspersons, sports governing bodies and sports betting operators on the application of the Macolin Convention in cases of sports competitions manipulation.
Further information, advice and legal representation in such cases may be obtained by emailing Noemi Delli Colli, Partner, at ‘dellicolli@valloni.ch’.