the first of May 2015, the Spanish Government finally signed the Royal Decree
allowing the joint selling of the media rights of the Spanish top two football
leagues. The Minister for Sport stated that the Decree will allow clubs to “pay
their debts with the social security and the tax authorities and will enable
the Spanish teams to compete with the biggest European Leagues in terms of
revenues from the sale of media rights”.Although
the signing of the Royal Decree was supposed to close a very long debate and
discussion between the relevant stakeholders, its aftermath shows that the Telenovela is not entirely over.
blog post will first provide the background story to the selling of media rights
in Spain. It will, thereafter, analyse the main points of the Royal Decree and outline
how the system will work in practice. Finally, the blog will shortly address
the current frictions between the Spanish League (LFP) and the Spanish football
Editor's note: Ben Van Rompuy, Head of the ASSER International Sports Law Centre, was recently interviewed by LexisNexis UK for their in-house adviser service.
With kind permission from LexisNexis we reproduce the interview on our blog in
How does competition law affect the sports sector?
The application of EU competition law to the sports
sector is a fairly recent and still unfolding development. It was only in the
mid-1990s, due to the growing commercialization of professional sport, that
there emerged a need to address competition issues in relation to, for
instance, ticketing arrangements or the sale of media rights. More...
On 1 April 2015, the new FIFA Regulations on
Working with Intermediaries (hereinafter referred as the Regulations) came into
force. These Regulations introduced a number of changes as regards the division
of competences between FIFA and its members, the national associations. A particularly
interesting issue from an EU competition law perspective is the amended Article 7 of the Regulations. Under paragraph 3, which regulates
the rules on payments to intermediaries (also previously referred to as ‘agents’), it is recommended that the
total amount of remuneration per transaction due to intermediaries either being
engaged to act on a player’s or club’s behalf should not exceed 3% of the
player’s basic gross income for the entire duration of the relevant employment
contract. In the case of transactions due to intermediaries who have been
engaged to act on a club’s behalf in order to conclude a transfer agreement, the
total amount of remuneration is recommended to not exceed 3% of the eventual
transfer fee paid in relation to the relevant transfer of the player.More...
Almost a year after their announcement, the new
FIFA Regulations on
working with Intermediaries (“FIFA Regulations”) came into force on 1 April 2015. Their purpose is
to create a more simple and transparent system of regulation of football agents.
It should be noted, however, that the new FIFA rules enable every national football
association to regulate their own system on players’ intermediaries, provided
they respect the compulsory minimum requirements adopted. In an industry that
is already cutthroat, it thus remains to be seen whether FIFA’s “deregulation”
indeed creates transparency, or whether it is a Pandora’s Box to future regulatory
This blog post will provide an overview of the
new FIFA Regulations on working with intermediaries and especially its minimum
requirements. Provided that
national associations are encouraged to “draw up regulations that shall incorporate
the principles established in these provisions”, three different national regulations
have been taken as case-studies: the English FA Regulations, the Spanish RFEF
Regulations and the Brazilian CBF Regulations. After mapping their main points of
convergence and principal differences, the issues that could arise from these regulatory
differences shall be analyzed. More...