Yachts & Yachting — March 2018

RICHARD LANGDON/SAILING ENERGY/WORLD SAILING

that they are able to comply with

European monopoly regulations. But

it does not mean that these classes

are anything like guaranteed to go.

Within the European regulations there

is precedent and provision made for

restricting the use of certain equipment

provided justification can be made for

sporting reasons (such as providing

sporting performance/spectator appeal,

ensuring equipment used is fair and

for safety reasons). Restrictions cannot

be disproportionate or arbitrary.

Giventhestatedgoalsofthe

International Olympic Committee for

gender parity and the intention for

World Sailing to grow the sport of sailing

in terms of number of participating

countries, it would probably be unwise to

drop what are the most nationally

diverse classes for both genders and

the cheapest to campaign allowing

countries with little funding for Olympic

sailing to compete. Presumably this

could be turned into a reasonable case

via this ‘sporting reasons’ disclaimer.

It seems likely, then, that the

review is for two reasons. Firstly, to

be seen to go through an antitrust

evaluation even if World Sailing

wants to keep these classes, so they

remain within European law.

Secondly, and a slightly more

complex issue, is a potential attempt

to put pressure on manufacturers to

either give up some of their IP rights

with regards to Olympic classes, and/

or to give or enable World Sailing a say

in the direction of class development.

Of this second point, World Sailing

alludes to this very thing in its antitrust

announcement. In the section referring

to the Laser and Laser Radial it states

that: ‘...World Sailing considers that

the mechanisms governing the

evolution of the current equipment

are in need of review...’ which

would imply a desire to evolve the

class, or fight for the option in the

future should they so desire.

TIMELINE

Under the new regulation

approved by Council in November

2017, the board will select

which Olympic Equipment

is to be reviewed in the first

round of antitrust reviews.

The board made this decision

at the start of January 2018

and will notify the Olympic

Classes and Events & Equipment

Working Party of its decision.

Following the selection of

the Olympic Equipment being

reviewed, the Equipment

Committee and Executive Office

will prepare the evaluation

criteria to be used. Council

will be asked to approve these

criteria at its Mid-Year Meeting.

The review will then be

conducted during summer 2018

and any recommendations

presented to Council in November

2018. This will ensure that all
      Equipment decisions for the 2024
      Olympic Games are made in
      November 2018 at the same time.
      It follows that if the Equipment
      associated with an Event is selected
      for an antitrust review, then the
      Procedure WP’s view is that very
      strong consideration is given to
      placing the connected Event under
      review in order to allow World
      Sailing to make all appropriate
      decisions in November 2018.
      The tender process will review
      all aspects of the equipment
      (including suitability for the
      Olympic Event and its competitors,
      prices, manufacturing, availability
      and supply around the world).

Restrictions on equipment can be made for

sporting reasons and must not be arbitrary

Above

The Laser has

been a long term

feature of the

Olympic sailing

scene - therein

lies the problem

March 2018 Yachts & Yachting 11