'Not proven'? The curious case of the contaminated steak: a study of the Alberto Contador case and its implications for the 2015 World Anti-Doping Code

Abstract

Following his victory in the 2010 Tour de France, cyclist Alberto Contador was revealed to have tested positive during the race for the prohibited substance clenbuterol. As a result he faced a two-year ban from the sport. Contador claimed the positive result came from contaminated meat he had consumed but the relevant anti-doping authorities disagreed, claiming instead that Contador had deliberately ingested the substance via a contaminated blood transfusion. Ultimately Contador’s case was decided before an arbitration panel at the Court of Arbitration for Sport (CAS) which handed down a two-year ban.

This article will examine the Contador case in detail, focussing in particular on the difficulties arising from the interplay between the provisions of the 2009 World Anti-Doping Code relating to burdens and standards of proof and sanctioning. The analysis will draw primarily on the Court of Arbitration for Sport (CAS) award – as well as other secondary sources and recent similar cases – to assess the extent to which the issues identified have been addressed in the revised 2015 World Anti-Doping Code.

The article also offers some thoughts on possible further amendments to the Code which might offer additional sanctioning flexibility in specific cases.