This presentation by Moya DODD, Partner, Gilbert+Tobin Lawyers, and former vice-captain of the Australian women's football team, the Matildas, was made during the discussion “Competition and Professional Sports” held at the 76th meeting of the OECD Working Party No. 2 on Competition and Regulation on 4 December 2023. More papers and presentations on the topic can be found out at oe.cd/capfs. This presentation was uploaded with the author’s consent.

1. 4 DECEMBER 2023
COMPETITION AND
PROFESSIONAL SPORTS
MOYA DODD
PARTNER, COMPETITION & REGULATION
OECD ROUNDTABLE

2. DISCLOSURES
Clients / matters in pro sports
• Consulting (non-legal) role with World Leagues Forum, re women’s football
• Member of WSL’s Legal Advisory Group
Former roles
• FIFA Council | AFC ExCo | Football Australia board
• International Council of Arbitration for Sport
• Player, Australia national team
Views are my own, not of the firm or any client
2

3. DUAL ROLES OF GOVERNING BODIES
Where governing bodies both
regulate & and operate competitions,
there are conflicts of interest and
incentives to self-preference
• FIFA’s international match
calendars
• allocation of competition benefits
Consequences
• market distortions
• lack of market development
• social harms e.g. player health
3

4. WOMEN’S FOOTBALL
Women's football is harmed by the legacy
of suppression, continuing governance
failures & market distortions
• markets under-developed
• regulatory failures e.g. calendar, training
compensation
• women barely represented in
governance
Consequences
• market distortions & failures not
corrected via internal governance
4

5. Brisbane Stadium, 12 Aug 2023
LOUDEST CHEER EVER
123.8 decibels
5

6. ENFORCEMENT AND REMEDY
Lack of accountability for non-
compliance with statutes, rules &
policies
• gender & human rights provisions
• World Cup bidding processes
• inadequate mechanisms to challenge
• lack of meaningful remedies
Consequences:
• governance failures
• market distortions not corrected (and
may proliferate)
6