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Maybe that was relevant to her case but in an action for abuse of market power here, the action would be against the AFL. From the same article, the argument would be that the AFL:The make up of the panel and how it was appointed was the very crux of the Claudia Pechstein case, she could only select people appointed by sporting bodies, thus the potential for bias as not independant. Since that point in time CAS moved to have a more independant appointment process.
- has a substantial degree of power in the relevant market
- has used that power to compel the players to enter into highly restrictive arbitration agreements
- those arbitration agreements and the attendant consequences prevent those players from engaging in competitive conduct in the relevant market.