Abstract

This article aims to explain what third party ownership in football is and the regulatory rules that are relevant to any Premier League (PL) and Football League (FL) club. FIFA, the PL and the Football Association (FA) have all recently amended their rules and regulations governing this contentious and topical issue.The PL and FA rules on TPPO were amended in time for the 2008/09 and 2009/10 season respectively. Before 2008 in the PL and 2009 in the FL, third party player ownership (TPPO) was regulated through a generic material influence clause. This forbid any entity having the ability to affect the behaviour of a PL or FA-affiliated club. The new rules from the 2008/9 and 2009/10 seasons now appear to prohibit a third party owner, without the consent of the FA, having any economic rights in a player registered to a PL or FA-affiliated club. See section E for the debate about whether the FA rules apply especially to FL clubs.The FL rules make no express reference to TPPO. Only the provisions relating to dual interests may be seen as regulating a third party owners’ ability to own the economic rights of more than one FL player. However, in contrast to the FA and PL rules the current guidance from the FL suggests that in certain instances TPPO is permitted.

Highlights

  • Introduction BackgroundThird party playerThird Party Player Ownership: the Regulations for Premier League and Football League Clubs for the agreements in football Regulatory Background: PL, Football Association (FA), FL, FIFA and UEFA Rules 2009/10 SeasonDaniel Geey, Solicitor, Field Fisher Waterhous eiPast and Present PL RulesPast and C urrent FA RulesC urrent FL Rules Disparities between FA, PL and FL rules ABSTRAC TC urrent FIFA and UEFA Rules C onclusionTransparency, uncertainty of results and integrity of competition Is a publicly available list of third party player owners required toThis article aims to explain what third party ownership in football is and the regulatory rules that are relevant to any Premier League (PL) and Football League (FL) club

  • Avoid any perceived UEFA club competition conflict? C ompetition law concerns: C ould the PL and FA rules be challenged by third party rights owners? third party player ownership (TPPO) or a disguised sell-on clause: A marginal distinction? Are football clubs losing out? Question of FL club compliance with the revised 2008 PL and 2009 FA rules The Practicalities of Buying out a Third Party Owner

  • Before 2008 in the PL and 2009 in the FL, third party player ownership (TPPO) was regulated through a generic material influence clause. This forbid any entity having the ability to affect the behaviour of a PL or FA -affiliated club

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Summary

ABSTRAC T

Transparency, uncertainty of results and integrity of competition Is a publicly available list of third party player owners required to. Question of FL club compliance with the revised 2008 PL and 2009 FA rules The Practicalities of Buying out a Third Party Owner. Before 2008 in the PL and 2009 in the FL, third party player ownership (TPPO) was regulated through a generic material influence clause. This forbid any entity having the ability to affect the behaviour of a PL or FA -affiliated club. The new rules from the 2008/9 and 2009/10 seasons appear to prohibit a third party owner, without the consent of the FA, having any economic rights in a player registered to a PL or FA -affiliated club. See section E for the debate about whether the FA rules apply especially to FL clubs

INTRODUC TION
KEY POINTS SUMMARY
PAST AND CURRENT FA RULES
CURRENT FL RULES
CURRENT FIFA AND UEFA RULES
CONC LUSION
ARE FOOTBALL CLUBS LOSING OUT?
THE PRACTICALITIES OF BUYING OUT A THIRD PARTY OWNER
REFERENC ES
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