Participation in unsanctioned events and the EC anticompetitive ISU decision?

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Query:
For a long time, the USFS[A] has required skaters, if they wish to be eligible to participate in USFS[A] sanctioned competitions and events, as well as ISU and IOC sanctioned competitions, to only participate in skating events and competitions that are "sanctioned" (authorized) by those organizations. (And, if I understand correctly, those organizations may collect a "cut" of the fees collected for those events, and retain royalties for broadcasting those events.) At some point they also allowed them to participate in events and competitions sanctioned by the ISI.

E.g., https://www.usfigureskating.org/sites/default/files/media-files/2022-23%20Rulebook.pdf#Master%20Rulebook%20LtrSz.indd%3A.426537%3A35708, rule PSER 1.2 states

--- Quote ---In the event U.S. Figure Skating determines that an event is to be conducted with eligible U.S. Figure Skating skaters without first obtaining the required sanction or approval, U.S. Figure Skating will have the authority to use its best efforts to protect the eligibility of U.S. Figure Skating skaters, including, but not limited to, advising U.S. Figure Skating skaters of the risk to their eligibility should they elect to participate in the event and counseling them to refrain from participating in the event.
--- End quote ---

(Note: that is a DRAFT document - I didn't check the current document.)

I have always thought that is a bit unfair, and is self serving, and was a clear anticompetitive practice.

But they cite the Ted Stevens Olympic and Amateur Sports Act (part of the U.S. legal code) as giving them the authority to regulate eligibility.

This might violate the spirit (if not the exact circumstances) of a 2017 EC decision against the ISU, regarding participation of speed skaters in events not sanctioned by the ISU.

Not all Figure Skaters are speed skaters. And the USFS[A] is not governed by EC law. But the USFS[A] is part of the ISU, and some USFS[A] athletes compete within ISU competitions, under jurisdiction of the ISU, and USFS[A] athletes participate in IOC competitions under jurisdiction of the ISU. (I'm not sure I stated that in an exactly correct manner. The USFS[A] is a "member" of the ISU, and I think the ISU is a "member" of the IOC.) Also, the EC complaint was brought by professional skaters, not amateurs.

So is the 2017 EC decision relevant to the legitimacy of the USFS[A] eligibility rules?

It most be very difficult for sports organizations like the USFS[A] to figure out what they can do when multiple jurisdictions have rules and laws and case law decisions potentially affecting them, and some of those rules and laws and decisions might potentially conflict with each other. I assume that they have people advising them on how to comply with the evolving legal environment.

LunarSkater:

--- Quote from: Query on July 29, 2022, 12:27:37 PM ---And the USFS[A] is not governed by EC law.

--- End quote ---

Query, you answered your own question on this.

Query:
I was partly guessing - after all, the USFS[A] does send athletes and coaches to International competitions, sometimes in EU countries.

But an interesting question might be whether an athlete or coach who was banned by USFS[A] could join another country's skating organization.

I had heard from a non-authoritative source that one of my former coaches, who was banned by the USFSA for a different reason, had done some coaching in another country.