Here is a short article I have written regarding the RFU's current policy of not selecting overseas-based players for the England Rugby team. Following the recent controversy over the rule, as a number of current England stars move overseas, the piece considers whether the policy could be considered a restraint of trade and/or anti-competitive, and therefore susceptible to a legal challenge. It is a multi-faceted issue, but one which would appear to have significant harmful effects for English players (and their agents), as well as the wider rugby ecosystem. The article therefore concludes that the policy may well be legally challengeable. Let me know what you think. #SportsLaw #Rugby #EnglandRugby
Obviously the overseas player rule has to change- clear unreasonable restraint of trade and damaging to national team performance and prospects and the reputation of rugby...
Even if someone wanted to challenge it. It would be hard to enforce. It would be so easy to say while Jack Willis is playing very well he doesn't fit into how we want our back row to play so we are not picking him nothing to do with him being in France.
Interesting take, Ben Cisneros. I think it's challengeable on a number of levels beyond legal (!) and the tanker ship alignment of global calendars must be an element that erodes some of the more nervous, feifdom-centric behaviour.
Interesting. Due to the discretionary selection procedure it would be tricky to enforce it would seem. The English clubs would lobby hard to fight this though I would think.
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8moThe RFU management of English rugby is woeful however legal challenges are irrelevant because even if a player won, the coach, an RFU employee could still arbitrarily say nah - you don’t fit my system. English rugby needs fixing before this issue is a thing