The guidelines clarify the conditions under which athletes participating in the Olympic Games are allowed to engage in “generic advertising”. Generic advertising also covers advertising by non-Olympic sponsors.
The rules laid down in the new ÖOC guidelines should not only apply to the Tokyo Olympics 2020 rescheduled for 2021 but also to the upcoming Beijing 2022 Olympic Winter Games.
Background
In 2017 the German Bundeskartellamt initiated proceedings for suspected abuse of a dominant position against the German Olympic Sports Confederation (DOSB) and the International Olympic Committee (IOC) as they had, in the authority’s opinion, significantly restricted athletes’ advertising opportunities with non-Olympic sponsors.
The Bundeskartellamt found this to be incompatible with competition law and therefore obliged the DOSB in 2019 to fundamentally change its advertising guidelines by 2026. The IOC also changed its guidelines.
AFCA support for adaptation of OÖC guidelines – New rules include fewer restrictions for Austrian athletes
The AFCA examined the guidelines in terms of their compatibility with Austrian competition rules, with the ÖOC subsequently adapting the rules for advertising by non-Olympic partners.
The ÖOC guidelines have been revised in line with IOC revisions.
In detail:
- Advertising opportunities are now described positively.
- The notification requirements for generic advertising, messages of thanks by athletes and congratulatory messages by non-Olympic partners are clearly outlined and illustrated with examples.
Advertising of a company or brand is permissible if it has been in the market for at least 90 days before the Games Period. Advertising in this context means commercial promotion by any form of advertising channel (print, TV, social media and others).
Advertising opportunities for Austrian athletes and their sponsors have thus been expanded and become more flexible.
The ÖOC guidelines for participants in the Tokyo 2020 Olympic Games can be downloaded here (in German).