Rohan Barmanray

With the draw for the FIFA Club World Cup going ahead this evening, it is interesting that there remains a significant multi club ownership issue lingering in the background. According to media reports, two Mexican clubs who have qualified for the new competition, Club León and Club de Fútbol Pachuca, have a common owner, the Grupo Pachuca. As part of this new competition, FIFA have introduced restrictions on multi club ownership which largely mirror UEFA’s rules on the same subject matter. Article 10 of FIFA’s regulations expressly prohibit a legal entity having control or influence over more than one club in the competition. Like the equivalent UEFA regulations, control and influence are defined broadly to cover not only majority voting rights and board control but also the more subjective concept of having the ability to exercise, by any means, a decisive influence in the decision-making of a club. If two or more clubs fail to comply with this rule, only one of them should be admitted to the competition. Liga Deportiva Alajuelense, a Costa Rican club, appear to have spotted this issue and, according to media reports, are threatening legal action. These issues have been live in the European market for some time and we have published an in depth article on this topic which can be found here https://lnkd.in/eTt-rJdq. The recent approach by the UEFA Club Financial Control Body has been to admit clubs once their ownership group has taken steps to temporarily restrict their influence and decision-making power over more than one club. For example, in July this year the CFCB accepted the admission of Manchester City and Girona to the 2024/25 Champions League as well as Manchester United and Nice to the 2024/25 Europa League following the implementation of significant changes by the investors in Girona and Nice (CFG and INEOS, respectively) to the ownership, governance and financial support of the concerned clubs. As far as I can see, FIFA have only commented on this matter to say Liga Deportiva Alajuelense cannot be party to proceedings. Both Manchester clubs along with Girona and Nice were admitted to European competitions this summer as they agreed settlements with UEFA. Given the similarity of the UEFA and FIFA rules, it will be interesting to see if FIFA look to take a similar approach here. 

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Does football agent have right on the fee from the future transfer of the player? ⬇ ⛔ The agreement of a football agent's fee based on a player's future transfer may be in conflict with Article 18ter of FIFA's Regulations on the Status and Transfer of Players (RSTP), which concerns Third-Party Ownership (TPO). Article 18ter prohibits third parties (which includes agents and other individuals or entities) from having economic rights over future player transfers. If a football agent agrees to a fee that is directly linked to a player's future transfer, this could be interpreted as a violation of Article 18ter because the agent acquires a financial interest in the transfer. Such an agreement would make the agent a third party profiting from the future transfer fee, which is against the rules. Agents are allowed to earn fees for negotiating contracts, but they must not make agreements that entitle them to a portion of a player's future transfer fee, as this could lead to conflicts of interest and manipulation of transfer markets. ❗ Therefore, football agents must be cautious when regulating fees in representation agreements.

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Deloitte's 2024 Sports Investment Outlook report reveals positive news for sports M&A markets in 2023, despite worldwide economic challenges. The report forecasts a rise in investment activity in 2024, with record valuations for women's sports assets and an expanding investor base. Institutional investors are also expected to shift their focus to adjacent market segments. Governance is emphasized as a critical factor in ensuring positive impacts of investment in the sports sector, with strong returns and innovation potential. Football transactions were the primary focus in 2023, with English clubs being the main targets. The NBA had the second-largest share of deals, with notable transactions in the franchises. North American investors led the way in global football sports rights holder deal volume by investor nationality. The report also highlights disruptions in regional sports networks impacting NBA franchises, prompting long-tenured owners to leverage high investment demand for new growth strategies. Overall, the expanding investor base presents opportunities for growth and innovation in the sports sector. Find out more in the report linked below.

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Potential Effects of AI in Sport Governance The integration of artificial intelligence (AI) into sports governance presents numerous challenges and opportunities that could fundamentally affect the landscape of sports organizations.I have been musing over the potential impacts of AI on various aspects of sport governance (SG)including regulatory compliance,decision-making,integrity, and stakeholder relation and here are my thoughts. Enhanced Decision-Making: AI technologies can analyze vast amounts of data swiftly,enabling sports organizations to make informed decisions related to athlete performance,injury prevention,and coaching strategies. This data-driven approach can improve SG by ensuring that decisions are based on empirical evidence rather than subjective biases,creating more effective management within sports entities. Regulatory Compliance & fair Play can be achieved by monitoring and analyzing data related to player conduct,anti-doping measures,and adherence to contractual obligations.By deploying AI systems to identify anomalies or patterns indicative of regulatory breaches,sports organizations can enhance integrity and promote fair play,thereby improving the overall SG framework. AI can assist in identifying potential risks,including financial implications of player contracts,brand image considerations,and incidents of misconduct. By using predictive analytics,governance bodies can proactively address issues before they escalate,thereby protecting the organization’s reputation and financial stability. Fan Engagement and Stakeholder Relations: AI-driven insights can help sports organizations tailor experiences to meet fan expectations,resulting in increased engagement and loyalty. This improved stakeholder engagement fosters a better relationship between the organization and its supporters, which is essential for effective governance and long-term success. The introduction of AI raises potential ethical considerations, particularly regarding data privacy and player monitoring.Sport governing bodies(SGB) must navigate legal frameworks to ensure compliance with privacy laws and ethical standards.Additionally, considerations regarding algorithmic bias and fairness must be addressed to avoid issues that could harm the integrity of the sport. The use of AI in player scouting, recruitment,and performance assessment may affect traditional roles within SGB.This shift raises labor relations questions,including potential job displacement and the need for retraining. Summarily,the integration of AI in SG holds the potential to significantly enhance decision-making,regulatory compliance,risk management,fan engagement,and overall operational efficiency.However, sports organizations and SGBs must be vigilant in addressing ethical and legal concerns, as well as the impact on employment within the industry. Proactive governance frameworks will be essential to effectively integrate AI while preserving the integrity and core values of sports.

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💡Interesting article from Insider Sport highlighting the massive, untapped potential of the US market for The Premier League clubs 💡With US soccer fandom surging, the Premier League is in a prime position to capitalize on this momentum 💡Due to US soccer continuously growing domestically and its interest in European leagues also rising in interest, this represents a “huge” opportunity for European clubs to take advantage of a potential annual revenue stream 💡But what does this mean for brands? Here's why the US market represents a goldmine for potential sponsors: 🔎𝐌𝐚𝐬𝐬𝐢𝐯𝐞 𝐅𝐚𝐧 𝐁𝐚𝐬𝐞: CLV GROUP estimates that there are up to 83 million US-based soccer fans, with 44% (36 million people) not knowing which team to support, particularly what European club to support 🔎𝐇𝐢𝐠𝐡 𝐄𝐧𝐠𝐚𝐠𝐞𝐦𝐞𝐧𝐭: US fans are passionate and highly engaged, presenting a valuable audience for brands seeking deeper connections 🔎𝐒𝐭𝐫𝐚𝐭𝐞𝐠𝐢𝐜 𝐏𝐚𝐫𝐭𝐧𝐞𝐫𝐬𝐡𝐢𝐩𝐬: Sponsorships can be tailored to target specific demographics or regions within the vast US market 💡The article highlights two other key aspects: 🔎𝐃𝐢𝐫𝐞𝐜𝐭-𝐭𝐨-𝐂𝐨𝐧𝐬𝐮𝐦𝐞𝐫 (𝐃2𝐂): Sell merchandise directly to fans, cutting out the middleman and fostering stronger brand loyalty. 🔎𝐒𝐭𝐫𝐚𝐭𝐞𝐠𝐢𝐜 𝐀𝐥𝐥𝐢𝐚𝐧𝐜𝐞𝐬: Collaborate with other US sports leagues or content creators to maximize reach and brand awareness With Premier League teams actively engaging in US tours this summer, fostering even closer connections with American fans, the potential for brand partnerships is poised to grow #sports #sportsbiz #sportsbusiness #football #premierleague #sportsponsorship #sponsorship #partnership #content #engagement #merchandise #revenue SportQuake

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Private equity is once again redefining the landscape of professional sports. Matthew Eisler, Global Head of the Sports sector, explains why the new private equity policy adopted by the NFL this week is a “good deal” for the league and for the funds involved. This is a game changing opportunity for the sports investment world, and Hogan Lovells is a market leader, assisting teams, funds, sellers, buyers and control owners in navigating these new rules. Dive into Matt's perspective on this game-changing trend and how it’s paving the way for innovation in sports investments in this Yahoo! Finance article, originally published by Fortune: https://lnkd.in/ezQNU6XX

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The gap between female and male engagement in sport is narrowing, with Gen Z adult female engagement figures on the rise, according to the EY Sports Engagement Index... https://lnkd.in/eyg9uTFN

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A revolution in the ownership of women's football clubs. Mercury/13 follows in the footsteps of Michelle Kang to buy up women's football clubs, beginning with FC Como Women, an Italian team. The club is marketed as a #luxury brand and the plan is to look beyond football, including, pitching to sponsors about #DEI. It will be interesting to see how this investor breaks the mould of football club ownership. #Sport #Brands https://lnkd.in/e-p3Z3MQ

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After an enjoyable two days at the LawInSport Global Summit 2024, here's my key thoughts on what the Diarra case could mean for clubs and players: 1️⃣ 𝐀 𝐛𝐮𝐲𝐞𝐫'𝐬 𝐦𝐚𝐫𝐤𝐞𝐭. In transfer negotiations, the existing factors to be considered when calculating compensation in the event of a player terminating their contract without just cause give the player's current club a strong hand when it comes to negotiating the transfer fee. Where a player is keen to leave before the expiry of their fixed term, this decision may see the bargaining power shift further towards the buying club. 2️⃣ 𝐑𝐞𝐝𝐮𝐜𝐞𝐝 𝐚𝐩𝐩𝐞𝐭𝐢𝐭𝐞 𝐭𝐨 𝐬𝐩𝐞𝐧𝐝? One of those compensation factors (which the Court disapproved of) is the unamortised amount of the transfer fee. If a player can terminate their contract without just cause without being on the hook for that anymore, clubs may be more reluctant to pay such significant sums for a player. 3️⃣ 𝐁𝐫𝐞𝐚𝐜𝐡 𝐝𝐲𝐧𝐚𝐦𝐢𝐜𝐬. Players may be more likely to terminate the agreement in response to what they consider a serious breach of contract by their club. As currently drafted, the RSTP provisions impose onerous (partially uncertain) sanctions on the party terminating without just cause. A significant curtailment in those sanctions materially reduces the risk of the player going down this route should the panel decide against them (albeit significant compensation would still likely be payable, so it certainly would not be without risk). 4️⃣ 𝐂𝐨𝐥𝐥𝐞𝐜𝐭𝐢𝐯𝐞 𝐚𝐠𝐫𝐞𝐞𝐦𝐞𝐧𝐭𝐬. This is another case (successfully) challenging the decisions and rules of football's governing bodies, and more cases are in the pipeline. We are already seeing FIFPRO and the other unions look to use that momentum to push collective bargaining with the governing bodies. ICYMI, our full digest of the case is below. https://lnkd.in/epeefXXp

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A few years ago, Bordeaux FC were in the Champions League, rubbing shoulders with Europe's elite clubs. The club beat Bayern Munich to top spot in their group and strolled past Olympiacos in the round of last 16, before eventually falling to French rivals Lyon in the quarter finals. Zidane, Wiltord and Lizarazu are just three of the footballing legends who once called Bordeaux home. How things change. Bordeaux has just announced that it will be accepting the French football regulator (DNCG)'s decision to relegate the club to the third tier of French football as a sanction for falling into administration. Make no mistake: this is a sad day for European football. Bordeaux had been passed from owner to owner, but none was able or willing to adopt a financially sustainable model for the club. The reasons for its decline are complex. However, it is notable that this has happened in a country with an active and powerful football regulator. As the Football Governance Bill goes through Parliament here in the UK, Bordeaux's plight serves as a reminder that the regulator must be given teeth. It must have genuine oversight of the finances of professional football clubs, and it must have a tough owners and directors test to make sure that those in charge of the fate of our clubs are adequately equipped. It must have the ability to step in before it's too late. These are just some of the things I have been working on with Fair Game UK, as well as the wonderful Simon Orriss and Will Reddie, in relation to the Football Governance Bill. You can read more about our work here: https://lnkd.in/exxZvSyT

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The Football Association Premier League Limited, commonly referred to as the Premier League, operates as a private entity with its ownership held by the 20 clubs currently in the league and the Football Association (FA), which holds a unique "special share." Each club functions independently within this structure but must follow the rules set by the Premier League, The FA, UEFA, and FIFA, and is subject to both English and European law. English Champions, Manchester City recently challenged both the original Associated Party Transaction Rules and their 2024 amendment. The Club argued that the Rules breached parts of the Competition Act Act, 1998, specifically, Sections 2 and 18 of the Act, and failed to meet public law standards of procedural fairness. In this review, I highlighted the key points of the decision with my colleague Michael Onyishi who was extremely helpful in this exercise. We highlighted the competition law implications of this decision and what this means for the beautiful game, especially in the light of recent court decisions from a competition law standpoint. We hope you find this insightful. #FIFA #FAPL #MCFC #NIGERIA #COMPETITION #LAW

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It's worth reading for all those interested in the #sportbusiness, well done.

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Prior to the start of the English Premier League (EPL) season back in August, Genius Sports extended its data rights agreement through 2029 with FOOTBALL DATACO LIMITED (FDC), the official data rights holder for the EPL, EFL (English Football League) and the Scottish Professional Football League (SPFL). Genius’s data feed sends low-latency data to hundreds of licensed sportsbooks across the globe. Their sophisticated AI-powered player tracking tech collects, licenses, and distributes official live betting data for FDC. Under a partnership with Premier League Productions (produces and distributes all of the EPL’s international programming and matches), Genius also powers Data Zone, an immersive broadcast service which brings fans closer to the action with data driven insights and tracking metrics. Per Joshua Sim writing for SportsPro, several EPL clubs are now lobbying for a larger share of revenue from the current data deal they share equally with the EFL. As opposed to their lower-tier EFL partners, the top-tier EPL clubs feel they earn more revenue from data via their wider broadcast coverage driving a much larger volume of #sportsbetting activity globally. It’s worth noting that the SPFL already receives a smaller revenue share of the deal. Don’t expect the EFL to roll over and capitulate without resistance, however. I suspect a legal fight may be brewing. Because this development adds to the pending legal action in the U.K. between rival sports data companies Stats Perform and IMG ARENA, as well as looming legal challenges involving athlete data rights (e.g., Project Red Card), and issues over the monetization, licensing, and privacy/protection of athlete/player data, I anticipate that sports data will become a red-hot legal area to watch in 2025. #sportslaw #ai #microbetting

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With just under two more seasons remaining until the Premier League's voluntary ban on front-of-shirt betting sponsors takes effect, it's notable that 11 out of 20 clubs this season have betting companies as their main front-of-shirt sponsors. In fact, this is 3 more than last season and we're seeing record sponsorship fees being paid by betting brands eager to maximise their exposure before this window closes.  Whilst the deadline for the voluntary ban was set for the end of the 2025/26 season to enable clubs to ‘transition away’ from betting deals, it looks more like clubs are piling in to make the most of the current opportunities before the inevitable occurs. It raises several interesting questions for the future: 1.     Are clubs already scouting for non-betting sponsors to replace this revenue stream? If so, which sectors are being targeted? With many clubs likely to be competing for front-of-shirt deals to replace betting sponsors at the same time, competition for deals for the 2026/27 season is going to be fierce. 2.     Will betting operators be able to navigate around the voluntary ban? In other major European leagues, we've seen the emergence of 'sports news' and 'sports entertainment' sub-brands affiliated to betting operators, allowing operators to continue promoting their core services—just one step removed from explicitly displaying betting brands on shirts and signage.  See Inter Milan’s new deal with Betsson.sport for a good example of this. 3.     Will the Premier League finally adopt Virtual Perimeter LED (VLED) advertising technology? Serie A, LaLiga, Bundesliga, and Ligue 1 have already embraced VLED, allowing clubs to continue selling sponsorship and advertising packages to betting brands but on an overseas regional basis – i.e. not visible in the domestic market. This has been a crucial strategy for Spanish and Italian clubs to offset revenue shortfalls from domestic betting ad bans and has opened up valuable new revenue streams for leagues and clubs. Having worked in this space across multiple leagues for decades, we're keen to hear insights and feedback from others in the industry. How do you think this will play out over the next few years? 💬 Let's discuss. #PremierLeague #Sponsorship #Betting #SportsMarketing #VirtualAdvertising #VLED #FootballIndustry

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Fascinating article on how official #partners of the #Olympics are maximising the value of their sponsorships. I’ll be off to watch the athletics on Monday. It will be interesting to see the innovative ways official sponsors are engaging with their audience! I wonder whether we’ll witness any ambush marketung stunts at #Paris2024? Remember Nike at Atlanta, Paddy Power at London 2012? Businesses trying to associate with the Games should be careful, there are lots of IP rights at play. The IOC and BOA are prepared to address #ambushmarketing with AI technology in place to quickly detect and stop such activities. If your business feels tempted to engage in the hype that surrounds the sporting spectacle of the Olympics, please get in touch. It’s important that your activities, even a simple LinkedIn post, stay onside. https://lnkd.in/ewWxHW2j #sportslaw #sportslawyer

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Everything you need to know in #SportsBiz today: 1. Premier League opens office in Beijing to support growth in China 2. Ipswich Town FC chief executive confirms the club won’t replace Ed Sheeran’s shirt sponsorship with a betting brand 3. Cleveland Browns plan to leave city for suburban domed stadium in Brook Park 4. Mercedes achieves 98% biofuel logistics for European leg of F1 5. Jerry Reinsdorf open to selling Chicago White Sox, according to The Athletic 6. Experience Abu Dhabi named New York Knicks new patch partner in multi-year deal 7. Al Hilal Official CEO expresses interest in Saudi clubs entering Uefa Champions League 8. NFL looking to carve out TV rights package of international games, reports Front Office Sports 9. Gerard Piqué claims 85% of Kings League audience is under 35 and that the league has been profitable from day one 10. Levine Leichtman family completes acquisition of San Diego Wave Fútbol Club 11. Irish government seeks to host additional Euro 2028 games after Belfast plan collapses 12. Nations Championship finals set to be held in London before moving to Qatar and the US 13. French Olympic Committee extends kit deal with Le Coq Sportif until 2026 14. New report projects NFL stadiums could face $11bn in financial losses by 2050 due to climate risks 15. WSL Women’s Championship set to trial allowing alcohol consumption in stands, reveals WPLL chief CEO Nikki Doucet 16. Williams Racing and Kraken extend partnership into 2025 Keep your finger on the pulse with all the major stories and news announcements by checking out The Wire - our one-stop shop and super-feed of sports business news 👉 https://lnkd.in/dJKSjMv5

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Top tips for sports executives approaching employment contract negotiations: https://bit.ly/3VFMe7N This article will be of help to sports executives approaching employment contract negotiation (whether in football, motorsport or other sports). Article Highlights: ⚽ Probation and notice periods ⚽ Should you beware of employer flexibility when it comes to job title? ⚽ Consider board rights ⚽ Look at your total compensation package: the devil is in the detail ⚽ Do the post-termination restrictions go too far? ⚽ Think about your outside activities: Conflicts of interest Thank you to Anna Yoshica Birtwistle & Tom Cleeve for contributing this article. #sportslaw #employment

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