Anti-doping suspensions and restraint of trade in sport

The regulator of doping in sport seeks to preserve the spirit of sport and act as the paternalistic protector of the sports participant. But sanctions originally designed to stop drug cheats using artificial performance enhancers in Olympic competition have expanded to cover the use of recreational drugs. There is emerging support for the view that the penalty must fit the crime and that governing bodies must ensure that their legitimate interests outweigh the detriment to the athlete. With doping sanctions imposed for the use of recreational drugs, a restraint of trade claim has prospects of success on the basis of a weakening of the public policy justification for imposing the sanction.