Although the CAS found her agent was suitably qualified, it then went on to find that Sharapova had not given him any instructions or set out any procedures, or exercised any supervision or control whatsoever:
"The Player, however, did not give Mr Eisenbud [her agent] instructions as to how this task had to be performed. The Player did not tell Mr Eisenbud to check (and Mr Eisenbud did not check) whether Mildronate was only a 'brand name' or indicated the ingredient of the product; she did not put him in touch with Dr Skalny at the time she left the care of Dr Skalny, but simply supplied Mr Eisenbud with the names of the Skalny Products; she did not instruct Mr Eisenbud to consult with the WADA, ITF or WTA website, to call the ITF 'hot line', to open the flash drive supplied with the wallet card, or even to read the emails received, opening the 'links' contained therein. In other words, the Player chose a sufficiently qualified person as her delegate for the purposes of checking the Prohibited List.
In the same way, the Player did not establish any procedure to supervise and control the actions performed by Mr Eisenbud in the discharge of the tasks he was expected to perform: no procedure for reporting or follow-up verification was established to make sure that Mr Eisenbud had actually discharged the duty, for instance, of checking year after year the Skalny Products towards the Prohibited List....
Where the Player fell short, however, was in her failure to monitor or supervise in any way whether and how IMG was meeting the anti-doping obligations imposed on an athlete when IMG agreed to assist her. She failed to discuss with Mr Eisenbud what needed to be done to check the continued availability of Mildronate (as opposed to the procedure to check new substances she was prescribed), to put him in contact with Dr Skalny to understand the nature of the Skalny products, to understand whether Mildronate was the name of the product or the substance, and whether he had made the necessary confirmation each year that the product had not been added to the Prohibited List."
Therefore, according to the CAS, the only of the above criteria Sharapova met was to choose a qualified person. Even this finding is open to question as if Sharapova's agent was sufficiently qualified to carry out the task he was assigned, one would expect that he would have obtained a list of the ingredients of all of the products she was taking and compared it to the new Prohibited List, told her to stop taking meldonium and there would have been no positive test.
No Significant Fault or Negligence is defined in the Code as "the Athlete establishing that his or her Fault or negligence, when viewed in the totality of the circumstances and taking into account the criteria for No Fault or Negligence, was not significant in relationship to the anti-doping rule violation." Given the list of Sharapova's failures listed above, it seems questionable to say that her level of fault was not significant in relationship to testing positive for meldonium.