rabbitohs
Juniors
- Messages
- 457
It's a subject that has been brought up plenty of times and nearly went to court in the early noughties under 'restriction of trade'.
Would make for an interesting case and unless you have a law degree then I doubt you or I would know what chance it has of holding up in court...
It may well struggle. The courts may judge it in the public interest to retain it due to the cultural imprtance of rugby league, but is more likely to ascertain that restricting somebody earning their market worth is unfair (as is the case in the UK) particularly with the governing body makin a lot of money through tv deals etc.
A similar reasoning has forced the AFL to allow for free agency in their competition. The union was getting tetchy about the draft and salary cap and were threatening to challenge it in court. Free agency was the compromise position.
The salary cap in the ESL is a good example of clubs and players simply conforming to the rules of the competition rather than the law of the land. For the sake of the integrity of the comp.