Income and earnings at the Olympic Games

Participation at the modern Olympic Games was, until the 1980s, grounded firmly in amateurism. As the restrictions on the inclusion of professional athletes were gradually reduced, Rule 40 of the Olympic Charter was implemented to prohibit athletes from being paid to perform at the Olympics or to advertise brands other than official Olympic sponsors whilst the Games were taking place. This chapter explores two aspects of the tension between Olympic culture and commerce. First, it examines the tension between the right of athletes to earn a living through their participation in sport and the commercial protectionism imposed on them by the International Olympic Committee (IOC) through Rule 40. Secondly, it analyses the tension between lex Olympica and its justiciability and legality under national laws. Using the successful challenge to the legality of Rule 40 before the German competition authorities as an exemplar, this chapter explores how lex Olympica can be challenged in national courts as a means of releasing the tension between the commercial imperatives of the IOC and the right of athletes to earn a living and share in the profits of their participation at the Olympic Games