We have often commented on the growing number of sports lawyers for whom football is an important and potentially lucrative area of work. EU competition law is also highly relevant and it is often forgotten that the way in which Premier League television rights are sold in seven packages was a formula devised to satisfy the European Commission after an investigation.
We have often commented on the growing number of sports lawyers for whom football is an important and potentially lucrative area of work. EU competition law is also highly relevant and it is often forgotten that the way in which Premier League television rights are sold in seven packages was a formula devised to satisfy the European Commission after an investigation.
Clubs are also trying to live with Financial Fair Play (FFP) which is not a coherent package, but represents an awkward compromise with Uefa trying to do something about the financial condition of the game and various interests, not least those of the top European clubs.
David Roberts from Olswang has told The Times, ‘A lot of football clubs are turning to law firms and counsel for advice.’ James Ferrow of Couchmans commented, ‘There are a lot of loopholes embedded in the rules.
He added, ‘The FFP regulations are still in a formative phase and both the clubs and Uefa are exploring the ways in which they will be applied in particular situations.’ Translated out of cautious legal language, this means that there are opportunities for clubs to protect their position with the aid of a lawyer.
Although these rules are bound to be eventually tested in court, there are some obstacles in the wway of mounting a case. The usual practice of Uefa is to deal with breaches by reaching settlement agreements with clubs in private.
There is therefore a lack of precedent on how the rules are to be interpreted. It is also less than transparent, leading to the suspicion that some clubs may have more clout than others, particularly if they have good legal advice, something they are fully entitled to receive.
There is a big change in the offing in relation to agents which may have an impact on their fees and will open the door to a much wider spectrum of people getting involved. In effect, what is happening is that a closed shop for agents is being abandoned.
Licences for football agents are being abandoned from April 1st and being replaced by a new regime of ‘football intermediaries’. The Football Association is the first national association to publish its supplemental regulations. There is a controversial cap on an intermediary’s commission of just 3 per cent. No payment to minors is permitted.
A disgruntled Mel Stein, chairman of the Association of Football Agents, commented, ‘So that’s it then. At the stroke of a pen Fifa consigns an entire profession to oblivion and permits any Tom, Dick or Harry to conduct complex contractual negotiations on behalf of professional footballers and clubs.’ Intermediaries are never popular in any market, but some may feel that the agents have brought their troubles on their own head by being too greedy.
One solution to getting legal advice is to have it in house. Charlton Athletic have appointed 30-year old competition lawyer Katrien Meire as their chief executive. Owner Roland Duchatelet has been a particularly vocal opponent of the system of agents.