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The purpose of this article is to highlight the importance of the Proportionality Principle as a valid legal criterion to determine when a given industry must be ex ante regulated by the Government through a specific sectorial regulatory framework or whether the application of the general antitrust and competition laws to such industry must be considered as a valid alternative. To this ends, this article analyzes the case of the Argentinean Law of Audiovisual Communications Services as it was treated by the Supreme Court of Argentina in the Grupo Clarín case.

To be able to value the relative age effect in the male and female World Championships played between 2005 and 2010 in the U17 categories (athletes 17 years or younger), U19 (athletes 19 or younger) and U21 (athletes 21 years or younger) a sample of 954 players has been selected. The variables registered were their dates of birth, the category of the competition, gender, height and official statistics of each player obtained from the International Basketball Federation (FIBA). A clear relative age effect was found (in both male and female categories) fading with age, being higher in the U17 category, slightly less but also significant in the U19, and no significant effect found in U21. This effect persists when the different specific positions were analysed in the male categories, being clearer in the positions that require more physical strength. In female categories the results do not back the existence of the relative age effect. Also, differences were found in height in the male category with regard to the players' year-quarter of birth, but its interpretation is not consistent with the relative age effect. In the female category no differences were found in height. Finally, the performance difference of the players in the male and female categories hardly varies with regard to the year-quarter of birth.