Professional sports have been a part of popular culture for decades. In the Philippines, it is no different. It is popular among fans, especially men’s basketball and women’s volleyball—the most popular team sports in the country. However, the field of sports has not been seen much in Philippine jurisprudence, especially with regard to professional athletes.
This paper seeks to explore the issue of freedom of movement of professional athletes in team sports and will draw from labor law and antitrust law. In doing so, the Note will draw upon the experience in other parts of the world, especially the United States and Europe. However, it will also include other countries such as Australia, South Africa, India, and Japan, and will apply the situations there in the Philippine context. Application is important in the Philippine context, especially given that the Philippine Basketball Association (PBA) has introduced new restrictions in light of Filipino players playing in overseas leagues across East Asia.
First, it seeks to point out that professional athletes in team sports are employees. Afterwards, it seeks to argue that restricting the movement of athletes through free agency and draft restrictions runs counter to the policy of allowing workers to choose their place of employment and constitutes anti-competitive conduct; thus, it should not be allowed.