The Football Labour Market: Third Party Player Ownership Daniel Geey Solicitor in the Sports Group at Field Fisher Waterhouse LLP 30 October 2012
Introduction • About Me • I have provided advice, briefings and presentations on a whole raft of football related issues including: • football takeovers; • the Premier League, Football Association, UEFA and FIFA rules; • dual ownership prohibitions; • third party ownership of football player issues; • UEFA and Football League Financial Fair Play; • advice on football broadcasting deals, tenders and distribution channels; and • transfer disputes.
Context • Regulation of the football labour market: types of intervention • TPO restrictions • UEFA Home Grown Players Rule • Transfer Window • Transfer Fees/Training compensation • Where does TPO fit into how national/European/world governing bodies regulate their sport? • Sports labour markets different. Stability of contract, huge transfer fees, restrictions on spending (FFP)
The Basics • Where a football club does not own, or is not entitled to, 100% of the future transfer value of a player that is registered to play for that team • Companies, businesses and/or individuals provide football clubs or players with money in return for owning a percentage of a player’s future transfer value. This transfer value is also commonly referred to as a player’s economic rights. • There are instances where entities will act as speculators by purchasing a percentage share in a player directly from a club in return for a lump sum that the club can then use as it wishes.
Regulatory Background: Summary of Current Premier League, Football Association, Football League, FIFA and UEFA Rules 1. • 2. • FIFA, UEFA, PL, FL and FA rules ensure that: no entity can influence any club’s autonomy to make decisions. These rules are governed by a generic “material influence” clause E. g. FA Rule C 1 (b) (iii): “No Club shall enter into a contract which enables any party to that contract to acquire the ability materially to influence the Club’s policies or the performance of its teams in Matches and/or Competitions. This Rule shall be applied in conjunction with any regulations governing Third Party Investment in Players as may be adopted by The Association from time to time. ” PL, FL and FA rules ensure that: no entity when a player is registered with any of the organisations can own the economic rights of a player bar the club. Any economic rights have to be extinguished upon registration and transfer into the relevant club association. E. g. PL rule L 37 “In respect of a player whom it applies to register as a Contract Player, a Club is permitted to make a payment to buy out the interest of a person or entity who, not being a Club or club, nevertheless has an agreement either with the club with which the player is registered, or with the player, granting it the right to receive money from a new Club or club for which that player becomes registered. ”
Past PL Rules, Tevez and Faurlin The PL agreed to change its rules in the summer of 2008. • • There was no express clause prohibiting third party ownership; only the act of influencing a club’s policies or performance was forbidden. This rule was cited against West Ham in the Tevez tribunal and arbitration decisions. Tevez’s third party contract contained a clause giving exclusive power to the third party owner to facilitate the transfer of the player. West Ham did not have a veto over this right and such a stipulation breached the PL Rules. If there had been a veto right exercisable by West Ham, it is likely there would have been no breach. Faurlin: No breach as TPO suspended and confusion as to implementation date of FA TPO rules.
UEFA Financial Fair Play Link • PL clubs are likely to be at a disadvantage in UEFA competitions, due to rules banning any TPPO. • Clubs in other jurisdictions can split the transfer cost with third party companies; and • When non-PL clubs submit their accounts for FFPR scrutiny, non-PL club’s transfer amortisation costs have the potential to be lower. This makes compliance with the FFPR more difficult for PL clubs.
Questions • Could a third party owner buy a right in a player transferred out of the PL? • Could the rules be challenged by third party rights owners? • What is the difference between a sell-on clause entitling a club to e. g. 10% of any future transfer fee and a third party agreement entitling the third party to 10% of any future transfer fee (so long as the third party cannot impose any decision making ability on the selling club)? • Conflicts of interest- ownership of clubs and players
Further Materials • Articles • http: //www 2. warwick. ac. uk/fac/soc/law/elj/eslj/issues/volume 7/number 2/geey/ • http: //www. danielgeey. com/third-party-player-ownership-a-uk-perspective/ • http: //www. danielgeey. com/third-party-player-ownership-does-uefa-need-aeuropean-wide-list-of-interests/ • Third Party Ownership You. Tube Explanation • http: //www. youtube. com/watch? v=2 Rb. NGo. UWQZw&feature=plcp • Twitter: www. twitter. com/Football. Law • Website: www. danielgeey. com • Email: Daniel. Geey@ffw. com
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