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    What to Expect from the MLS 2024 Preseason Transfer Window

    By
    Dr. Erkut Sogut , Jamie Khan
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    0

    Introduction

    In the majority of the football world, the January transfer window is the shorter, often one-month long window where clubs traditionally target temporary loan deals and emergency signings to fill injury vacancies, push for a title or in an attempt to turn their season around. However, there are some markets which, due to the timing of the season, are different. 

    In this blog we will focus on Major League Soccer in the United States which particularly stands out due to its unique timing and approach. The 2023 MLS season has recently concluded with the victory of Columbus Crew this weekend; however, the MLS winter transfer window for 2024 is fast approaching and rather than a single month, it is set to open at the end of January and close in April. This is because it is now the off-season for the league after an exciting year and the next season does not begin its games until late February and so, this window is the equivalent to the European summer window where clubs are willing to invest heavily in bolstering their squads before the season begins to enhance their chances of upcoming success.

    Pre-Season Preparations

    In this window, the unique approach to transfers and club strategies comes down to the fact that the MLS teams are gearing up for their upcoming campaign. As a pre-season window, the emphasis among the franchises is on bolstering their “rosters,” adding fresh talent, and making strategic moves to set themselves up for success in the next MLS season. Unlike many other leagues around the world, the MLS offseason is longer, affording teams ample time to evaluate their performance from the previous season and identify areas where improvements are needed. This extended pre-season window means more time for careful planning and recruitment but also a challenging period of anticipation and uncertainty for fans eager to see the investment and recruitment of their teams.

    During this unique winter transfer window, MLS clubs undergo a meticulous process of player assessment, scouting, and negotiations. They aim to secure the services of players who not only possess exceptional talent but also align with the tactical and strategic vision of the team. The goal is clear: to create a formidable squad capable of competing at the highest level and capturing that coveted MLS Cup. The MLS transfer market sees clubs strategically positioning themselves to acquire the best talent available. It’s not just about signing marquee names or ‘Designated Players’ but also about identifying rising stars and underrated gems from around the world who can make a significant impact, we will discuss this further later. The blend of experience and youth is crucial in achieving long-term success in a league that continues to evolve and become more competitive each year.

    Highly Active Market

    The MLS winter transfer window tends to be a lot more active compared to its European counterparts, primarily due to its unique timing giving MLS teams a significant advantage and causing different transfer strategies, as they have a more extended off-season to carefully assess their squad’s strengths and weaknesses and identify areas that need reinforcement. This is shown in the table below of the top 20 all-time record transfers during this pre-season window:

    Source: Transfermarkt

    The extended off-season allows MLS clubs to conduct thorough player evaluations, extensive scouting, and strategic planning for the upcoming season. It provides them with the time needed to target and pursue players who can make an immediate impact on their squads. This is a crucial aspect of the MLS transfer window, as teams aim not only to strengthen their rosters but also to address specific tactical and strategic needs. The additional time for negotiations also facilitates more in-depth discussions between clubs, agents, and players, resulting in more thoughtful acquisitions and well-considered moves that can have a lasting impact on the league’s and individual clubs’ competitiveness.

    The South American Connection

    One of the key characteristics of the MLS January transfer market is its affinity for South American talent. The league has firmly established itself as a prime destination for emerging football stars from the continent. MLS clubs are known for their proactive approach to scouting and recruiting top talents from countries like Argentina, Brazil, Colombia, and Uruguay, among others. These nations have long been known as hotbeds of footballing talent, producing some of the world’s most celebrated players.

    The appeal of playing in the United States, alongside renowned players like Lionel Messi, has added a new dimension to MLS’s attractiveness for young South American prospects. The prospect of showcasing their skills in a league that continues to grow in stature and competitiveness, along with the opportunity to experience a different footballing culture, has made MLS an appealing option for those looking to make their mark on the international stage. As the league continues to nurture and develop South American talent, it not only enhances the quality of play but also solidifies its reputation as a global hub for footballing excellence.

    European Influence

    While South American talent is undeniably a cornerstone of MLS recruitment, the league also actively seeks out experienced players from European football circles. MLS teams recognize the value of players who have honed their skills in some of the world’s most competitive leagues. These seasoned professionals can bring a wealth of knowledge, experience, and skill to their respective teams, helping elevate the standard of play in the league.

    The presence of international football legends like Lionel Messi and Gonzalo Higuain in the MLS has undeniably accelerated the growth of the league and further piqued the interest of European players. These iconic figures have chosen to continue their illustrious careers in the United States, and their decision to do so speaks volumes about the league’s increasing global appeal. Their participation not only adds star power but also reinforces the notion that MLS is an attractive destination for European players looking for a fresh challenge and an opportunity to contribute to the league’s evolution. As more European players follow in the footsteps of these footballing giants, the MLS landscape continues to evolve, becoming a more diverse and competitive stage for the beautiful game.

    The MLS Rumour Mill

    As the 2024 MLS transfer window approaches, the rumour mill is already in full swing. With Lionel Messi’s presence continuing to draw attention, along with other big names in the league, the speculation surrounding potential transfers is heating up. One of the most intriguing rumours revolves around Messi’s former Barcelona teammate, Luis Suarez, possibly joining him in the MLS. The prospect of seeing these two legends play together again on American soil is enough to excite any football fan.

    Moreover, the excitement extends beyond just Messi and Suarez. MLS fans and enthusiasts can look forward to the possibility of other exciting prospects coming to the league. The appeal of playing in one of the most competitive and growing leagues in the world is stronger than ever, making the rumours of top-tier talents making the move across the Atlantic more frequent and well-founded.

    Conclusion

    In conclusion, Major League Soccer’s 2024 winter transfer window promises to be an exciting one for the footballing world, characterised by its extended duration and strategic emphasis on bolstering rosters for the upcoming season. With a growing number of South American talents and the ever-increasing attractiveness to top European football players, the league continues to redefine itself as a global hub for both emerging prospects and seasoned professionals. As rumours swirl and anticipation builds, the 2024 MLS transfer window is set to captivate fans worldwide, offering the prospect of witnessing the fusion of international stars, rising talents, and a league that continues to evolve, further solidifying its place on the global stage of football excellence.

    What Next After the English Tribunal Blocked the Football Agent Service Fee Cap?

    By
    Dr. Erkut Sogut , Jamie Khan
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    0

    Introduction

    You may have seen in the last week that the ruling of an English arbitration tribunal has caused another significant blow to FIFA’s efforts to standardise football agent regulations across the globe. The ruling, which declares FIFA’s service fee cap and quarterly payment restrictions non-compliant with English competition law, is the latest in a series of legal challenges against the governing body’s regulations but perhaps the most damaging for the FFAR so far. With England being the latest and most financially influential football nation to reject FIFA’s regulatory ambitions, this blog will explore what this means in the context of Universal and consistent implementation of the new FIFA Football Agent Regulations (FFAR).

    The Ongoing Trend Across Europe

    The recent ruling in the UK is part of a turbulent pattern that has been seen so far in several of Europe’s most powerful football nations, such as Germany, Spain, France, and Italy. In each of these countries, FIFA has already encountered significant hurdles and legal obstacles in its attempts to enforce the proposed agent regulations such as a complete injunction in Germany and blocks on aspects such as the commission cap and multiple representation in other countries. 

    These ongoing legal challenges have collectively undermined FIFA’s regulations and underscored the formidable legal challenges involved in attempting to standardise agent regulations within the intricate and multifaceted landscape of the football industry. The fact that such issues persist in multiple key European markets emphasises the embedded complexities and intricacies that surround the regulation of football agents on a global scale and may cause substantial delays and reformation to the FFAR as it currently stands.

    The English Tribunal Ruling

    Put simply, the English tribunal has issued a ruling that blocks the implementation of the service fee caps and outlines a new schedule for service fee payments to football agents. However, it is important to note that this ruling does not provide clarification or specific guidance on other elements of the FIFA Football Agent Regulations. As a result, aspects such as the requirement to take an exam for the new licensing system currently remain unaffected by this tribunal decision. The ruling primarily addresses the contentious issue of service fees and their payment structure, leaving other components of the regulations intact and subject to their respective interpretation and enforcement.

    Three Possible Next Steps

    Now that FIFA faces another setback, the big question is how the organisation will respond to this increasingly complex legal landscape. Three possible outcomes have been outlined:

    1. Acceptance and Reversal: In the face of mounting legal challenges and the recent significant setback in England, FIFA may find itself at a crossroads. One possible course of action for the governing body could involve a reluctant acceptance of defeat and a complete abandonment of the proposed agent regulations. Such a move would entail a thorough reversal of FIFA’s previous stance, effectively erasing the regulatory framework it had sought to implement and returning to as we were before following the 2015 deregulation of agents. 

    This would not only signify a major U-turn for FIFA but also raise questions about the potential to assert authority and influence over the football agent industry and whether it is a feasible option for the future. For any future success, it would require FIFA to acknowledge the limitations of the current FFAR approach and potentially prompt a comprehensive reevaluation of its strategies and objectives in regulating football agents on a globally consistent scale.

    2. Partial Implementation: Alternatively, FIFA might opt for a more nuanced approach by proceeding with the implementation of the new regulations while strategically omitting the contentious service fee cap and potentially other key aspects of the FFAR, whilst maintaining the enforcement of the new licensing and exam process amongst other things. 

    In taking this path, FIFA would aim to strike a delicate balance between regulatory control and appeasement of stakeholders, more coherently with the legal issues raised in the ongoing and concluded court cases. For example, by excluding the service fee cap, FIFA could potentially avoid some of the legal pitfalls that have plagued its broader regulatory efforts. 

    This strategic compromise would demonstrate FIFA’s willingness to adapt and listen to the concerns of various industry players while maintaining some authority over agent fees. However, it would also require FIFA to carefully navigate the challenges of enforcing other regulations effectively and ensuring that the omitted component does not create unintended consequences within the industry’s ecosystem.

    3. Inclusive Consultation: FIFA might choose a more inclusive and collaborative approach by proactively initiating a fresh consultation process with a wide spectrum of industry stakeholders, particularly focusing on active and leading agents and agencies. This visionary approach aims to harness the collective wisdom and expertise within the football agent community to co-create a regulatory framework that embodies broad acceptance and viability, avoiding points of contention.

    Through this inclusive consultation, FIFA would seek to establish a platform for meaningful dialogue, where agents, agencies, and other key industry figures could voice their concerns, share insights, and propose solutions in a more collaborative and conducive environment. By actively engaging with those most intimately involved in football representation, FIFA would demonstrate its commitment to fostering a regulatory environment that respects the interests and needs of all parties involved.

    The potential outcome of this inclusive consultation process could be the development of a regulatory framework that is not only universally accepted but also better aligned with the dynamic and evolving landscape of the football industry. This approach would signify FIFA’s dedication to achieving regulatory harmony through collaboration and could pave the way for a more transparent, efficient, legally sound, and feasible agent regulatory system in the world of football.

    Implications for FIFA and Agents

    The implications stemming from FIFA’s response to this pivotal ruling are multifaceted and hold considerable significance for both the organisation itself and the agents and intermediaries operating within the football industry.

    FIFA’s response to this ruling will serve as a test of its adaptability in the face of mounting legal challenges and objectionable rulings. It will not only demonstrate FIFA’s capacity to navigate complex legal terrain but also underscore its commitment to collaborative governance within the global football community. The decisions and actions taken by FIFA in the wake of this ruling will carry profound implications for its standing as the governing body of world football.

    For agents and intermediaries, the implications of this ruling are substantial. While the exact details of the tribunal’s decision remain undisclosed, it appears that the imposition of caps on service fees and restrictions on payment schedules will not be enforced in England. This development ushers in a period of uncertainty and potential transformation in the realm of agent regulations within the country. Agents will need to closely monitor the evolving landscape and adapt their practices accordingly, navigating the changing dynamics of player representation in English football.

    The absence of these regulations also opens up various possibilities for the future of agent regulations in England. The football industry may witness shifts in fee structures, payment schedules, and overall agent-client relationships as a result of this decision. Agents and intermediaries will need to be agile and proactive in responding to these changes while also ensuring compliance with any alternative regulations that may emerge.

    Conclusion

    As the football world eagerly awaits FIFA’s next move in this ongoing legal and regulatory saga, one thing is clear: the landscape of agent regulations is undergoing a seismic shift. The recent ruling in the UK underscores the challenges faced by FIFA in its quest to standardise regulations across the globe. It also highlights the need for collaboration and inclusivity in shaping the future of agent regulations in football. As the situation continues to evolve, we will watch this space closely for updates and developments in this high-stakes game of regulation and compliance.

    The Top 10 Qualities of a Football/Soccer Agent

    By
    Dr. Erkut Sogut , Jamie Khan
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    Introduction

    From our previous blogs covering the World of Football Agents we have seen that the responsibilities of agents for the services provided to their clients is extensive and demanding. Agents serve many purposes as intermediaries, negotiators, and advisors to the athletes they represent in sporting, commercial and many other forms of deals and contracts. Hence the question ‘How to become a football agent?’ can warrant varied responses. But for the sake of this blog, we will specifically consider what skills are required to become a football agent that represents players as clients.

    It is a challenging industry and profession and many that start out as agents will become well accustomed to facing difficulties during their time representing clients. However, there are certain personal characteristics and attributes that, if an individual possesses them, enhances the quality of their performance as an agent and the services they provide. The very best football agents tend to possess a common but unique set of qualities that enable them to navigate the complex and ever-changing landscape of the football industry while advocating for the best interests of their clients. In this blog, we will explore the top 10 essential qualities that will help you on your journey to being a successful agent.

    1. Negotiation Skills

    Negotiation skills are undoubtedly one of the most critical factors that distinguish the top football agents. In the world of professional football, where contracts, endorsements, and transfer deals can make or break a player’s career, the ability to negotiate effectively on the behalf of your client is paramount.

    First and foremost, football agents play a pivotal role in securing favourable contracts for their clients. These contracts encompass various aspects, including salary, bonuses, contract duration, and other performance-related incentives. Negotiating a lucrative contract requires a deep understanding of the player’s value in the market, the financial capabilities of the club or team, and the current state of the industry. A skilled football agent must be confident of finding the intricate balance between pushing for the best possible terms for their client while also ensuring that the deal remains attractive enough for the club to agree to it. This can help a player secure a contract that not only rewards their talent but also sets them up financially for the long term.

    Endorsement opportunities are also a significant source of income for many of the top modern professional footballers. A great football agent will actively seek out and negotiate endorsement deals on behalf of their clients. These endorsements can range from sponsorship deals with sportswear brands to partnerships with other companies looking to leverage a player’s popularity. Effective negotiation in this realm involves understanding a player’s marketability, identifying suitable brands or sponsors, and striking deals that not only provide financial benefits but also align with the player’s image and values.

    Transfer negotiations are another crucial aspect of a football agent’s responsibilities. When a player is looking to move to a new club or when clubs are interested in acquiring a player’s services, the negotiation process can be complex and highly competitive. A skilled football agent must navigate the intricate web of transfer fees, contract terms, and player conditions. They must advocate for their client’s interests while maintaining positive relationships with club executives and other agents. Successfully negotiating a transfer deal can lead to a player moving to a club that enhances their career prospects and secures a substantial financial gain.

    2. Understanding of Football

    A profound understanding of the sport of football is absolutely essential for football agents to excel in their role. Their expertise in the intricacies of the game goes far beyond the surface level knowledge of the rules and regulations; it extends into the broader landscape of market dynamics, player performance, and club strategies. Here’s why this deep understanding is crucial:

    • Rules and Regulations: Football agents must have a comprehensive grasp of the rules and regulations governing the sport at various levels, from local to international. This knowledge ensures that all contractual agreements and transfers comply with the governing bodies’ guidelines, avoiding potential legal complications and sanctions.
    • Market Dynamics: Football is a dynamic and ever-evolving industry. Agents need to stay abreast of market trends, player valuations, transfer windows and club financial situations and transfer strategies. Understanding the market dynamics allows agents to accurately assess their clients’ worth, negotiate better deals, and identify opportunities for player transfers that align with their career goals.
    • Player Evaluation: Football agents should be able to evaluate players’ abilities and potential accurately. This involves not only recognising a player’s skill on the field but also assessing their marketability, fitness, and long-term prospects. This knowledge enables agents to guide their clients toward appropriate clubs where they can thrive and make a meaningful impact.
    • Club Strategies: Every football club has its own unique strategy, playing style, and financial constraints for each transfer window and between. Agents with a deep understanding of the sport can match their clients with clubs that align with their playing preferences and career aspirations. They can also anticipate a club’s future moves and plan accordingly, ensuring their clients’ interests are well-served.
    • Informed Decision-Making: When negotiating contracts, transfers, or endorsement deals, informed decisions are paramount. A football agent who comprehends the sport can advise their clients on the best course of action, taking into consideration not only the financial aspects but also the potential impact on their career and personal life.
    • Risk Management: Football is not without its risks, such as injuries, sudden changes in performance, or changes in club dynamics. Agents with a deep understanding of the sport can help their clients mitigate these risks by making strategic decisions that safeguard their long-term prospects.

    3. Networking Abilities

    Networking within the football industry inevitably enhances the chances of success for football agents. These relationships spanning from scouts and coaches to parents and players to lawyers and journalists, provide a foundation for opportunities, empowering agents to identify openings for their clients, negotiate advantageous deals, and stay attuned to evolving market dynamics. By nurturing connections with club executives, coaches, and fellow agents, football agents gain valuable insights and information that can make a substantial difference in their clients’ careers.

    These connections not only provide access to the latest trends and player valuations but also grant agents the power to negotiate contracts, transfer fees, and endorsement deals more effectively. Trust and rapport developed through these relationships facilitate smoother negotiations and more favourable terms. Moreover, well-established networks enable agents to serve as trusted advisors, offering guidance beyond contract negotiations and helping players make informed career choices.

    In times of disputes or conflicts, these relationships can be instrumental in finding constructive resolutions, as agents can rely on their network to engage in productive dialogues. Furthermore, they play a pivotal role in long-term career planning, assisting players in aligning their aspirations with suitable opportunities. In essence, being a proficient networker is a critical skill that underpins an agent’s ability to navigate the complex and competitive world of professional football, ultimately ensuring the success and prosperity of the players they represent.

    4. Communication Skills

    Effective communication is key to a football agent’s role in representing and advocating for their clients. Agents must be able to convey their clients’ needs, preferences, and ambitions to clubs, sponsors, and other stakeholders. This requires clear and persuasive communication skills to ensure that their clients’ objectives are fully understood and pursued. Whether negotiating contracts, transfers, or endorsement deals, agents must articulate their clients’ value and requirements to secure favourable terms that align with their goals. Moreover, building trust is paramount, and consistent, honest, and professional communication is fundamental to nurturing the trust between agents and their clients.

    5. Integrity and Ethics

    Anyone working in the football industry quickly realises that it is a reference business. Players and other industry professionals talk amongst themselves and it is a small world so the reputation you build around yourself as an agent will be spread around. 

    A reputation can take years to build and therefore maintaining integrity and ethical standards is paramount for the long term success of football agents. It’s an absolute necessity in an industry where trust and reputation are pivotal and often public perception is not favourable towards agents thanks to portrayal within the media. It is the clients themselves that rely on their agents to always act in their best interests, forming the foundation of their professional relationship. Agents with a reputation for honesty and ethical conduct earn the trust of both players and clubs, a critical factor in attracting and retaining clients and securing opportunities.

    Ethical behaviour is not only a moral imperative but also a legal and professional requirement in the football industry. Agents must navigate a complex web of rules and regulations, both domestically and internationally, and adhere to these standards to avoid sanctions and legal consequences. By ensuring compliance with the FIFA Football Agent regulations and other governing laws, agents protect not only their careers but also their clients from potential legal issues arising from unethical conduct.

    Furthermore, ethical behaviour extends to negotiations, where transparency, avoidance of conflicts of interest, and ensuring informed consent of all parties are paramount. Ethical negotiations foster goodwill and prevent legal disputes that could harm an agent’s reputation. Agents who prioritise integrity understand that it is not just about short-term success but also about building a lasting and respected career in the industry, where ethical conduct opens doors and facilitates long-term success.

    6. Legal and Financial Knowledge

    A solid grasp of the legal and financial intricacies of the football industry is indispensable for football agents. Their ability to manage contracts, handle finances, and navigate complex regulatory frameworks directly impacts their clients’ financial well-being and long-term success. By leveraging their expertise in these areas, agents can protect their clients’ interests and provide invaluable guidance throughout their careers, ultimately ensuring financial security and prosperity for the players they represent. Agents must be capable of managing a variety of financial and legal intricacies to safeguard their clients’ financial interests and ensure a successful and secure career.

    Perhaps the fundamental basis of the work of football agents is the responsibility of managing contracts, which can be complex and multi-faceted documents. Although we would always advise consulting a lawyer for certain contracts, an in-depth understanding of contract law and the specific clauses commonly found in football contracts is essential. Agents must ensure that the terms of these contracts align with their clients’ goals and provide the necessary protections, such as performance bonuses, image rights, and contract duration. Mistakes or oversights in contract negotiations can have significant financial repercussions for both the player and the agent, underscoring the importance of meticulous attention to detail and legal expertise.

    Navigating the financial aspects of a player’s career is another critical part of an agent’s role that is worth considering. This includes managing the player’s income, ensuring timely payment of salaries, and overseeing investments and financial planning. Agents must also be well-versed in tax regulations, both domestically and internationally, as many footballers have a global career that involves various tax jurisdictions. Mismanagement of finances or failure to comply with tax laws can result in substantial financial losses and legal troubles for the player, making financial acumen and compliance expertise indispensable for football agents.

    7. Player Development Insight

    Football agents with a deep understanding of player development can have the ability to play a significant role in their clients’ careers and can also fulfil a purpose as a scout, identifying the next best talents to represent. Once signed, agents serve as not only negotiators but also as career strategists, helping players make informed decisions that can shape their journey to becoming the best athletes they can be. This insight into player development involves several critical aspects:

    Firstly, selecting the right clubs is fundamental to a player’s development. A great football agent can assess a player’s skills, aspirations, and potential and uses this knowledge to identify clubs that align with these factors. This may include considering factors such as the club’s playing style, coaching staff, available playing time, and overall culture. By placing players in environments that foster their growth, agents set the stage for long-term success.

    Another key point to note is that agents can sometimes play a role in advising their clients on training programs and development opportunities. They may recommend specific training regimes, fitness coaches, or nutrition plans that can enhance a player’s performance and physical attributes. This guidance extends beyond the pitch, as agents can also help players with off-field development, including media training, language lessons, and personal branding, all of which contribute to a well-rounded athlete.

    Furthermore, agents with player development insight keep a close eye on market trends and emerging opportunities. They are aware of the latest advancements in sports science, technology, and coaching methodologies, allowing them to connect their clients with cutting-edge resources that can accelerate their development. Whether it’s identifying new training techniques or understanding how to leverage data analytics to optimise performance, these agents stay at the forefront of the industry to provide their clients with a competitive advantage.

    8. Problem-Solving Skills

    Problem-solving skills are a key attribute of exceptional football agents. In an industry as dynamic and competitive as football, challenges are bound to arise, and these agents excel at effectively addressing and resolving them. They serve as the invaluable bridge between players and clubs, ensuring that their clients’ interests are protected and advanced.

    Agents frequently encounter contract disputes, injuries, or other unforeseen obstacles that can threaten a player’s career and financial stability. A key responsibility is to act swiftly and strategically to find solutions that benefit their clients. This may involve engaging in difficult negotiations, mediating disputes between players and clubs, or collaborating with legal and medical experts to navigate complex issues. By maintaining a proactive and problem-solving mindset, these agents help players overcome obstacles and ensure their careers remain on a positive trajectory.

    Moreover, problem-solving skills extend to broader career planning. Exceptional agents don’t just react to challenges as they arise; they also anticipate potential roadblocks and take proactive steps to mitigate risks. They craft long-term strategies that align with their clients’ career aspirations, ensuring that their players are well-prepared to navigate the ever-evolving landscape of professional football. In this way, problem-solving becomes a proactive approach to safeguarding and enhancing their clients’ careers.

    9. Resilience and Persistence

    Resilience and persistence stand as indispensable qualities for football agents, particularly when they find themselves immersed in the intricacies of tough negotiations or faced with market challenges. In the world of professional football, setbacks and obstacles are commonplace, ranging from protracted contract negotiations to unexpected changes in market dynamics. However, it is precisely during these trying times that the true mettle of a football agent is tested.

    Exceptional agents demonstrate unwavering determination and an unyielding focus on their clients’ goals, even when faced with adversity. They understand that the football industry is fraught with uncertainties, and success often requires navigating through turbulent waters. For instance, during negotiations, agents may encounter club executives with differing priorities, and finding common ground can be a protracted and arduous process. In such situations, resilience keeps them from becoming discouraged or disheartened, enabling them to persevere until a favourable outcome is achieved.

    In football, the market can be unpredictable and have a substantial impact on player contracts and opportunities. A shift in the global economic landscape, changes in club spending, or alterations in sponsorship and endorsement trends can present formidable challenges. However, the best agents adapt to these shifts and remain undeterred in their pursuit of their clients’ best interests. They leverage their persistence to explore alternative avenues, identify emerging opportunities, and develop innovative strategies that allow their clients to thrive, even in the face of adversity. In sum, it is the combination of resilience and persistence that sets the most accomplished football agents apart, enabling them to not only weather the storms of the football industry but also to emerge stronger and more successful in their mission to advance their clients’ careers and aspirations.

    10. Client-Centred Approach

    A client-centred approach is perhaps the most important characteristic of the best football agents. In essence, a client-centred approach is a commitment to going above and beyond in service of the player. It’s about being there every step of the way, ensuring that their clients’ dreams, ambitions, and welfare are at the forefront of every decision made. The best football agents understand that their success is intrinsically linked to the success and well-being of the players they represent, and they take this responsibility to heart, striving to be not just agents but true partners in their clients’ journeys to excellence in the world of professional football.

    The best agents are able to set aside their own priorities and recognise that their primary role is to be unwavering advocates and protectors of their clients’ interests, and this dedication to the players they represent is at the heart of their success. This approach not only prioritises the immediate needs and goals of the player but also encompasses a broader commitment to the player’s well-being and long-term success.

    Agents who adopt a client-centred approach understand that the world of professional football is highly competitive and constantly evolving. They know that their clients’ careers can be shaped by a multitude of factors, including contract negotiations, transfers, injury management, and even off-field opportunities like endorsements and brand-building. With this comprehensive understanding, they ensure that every decision and action they take aligns with their client’s best interests and overall career aspirations.

    It is important to remember that a client-centred approach is not limited to the transactional aspects of football representation. It extends to being a trusted advisor and confidant for the player, offering guidance on a wide range of issues, from career planning and financial management to personal development and life transitions. Exceptional agents build strong, long-lasting relationships with their clients, fostering trust and loyalty that transcends the immediate demands of the industry.

    Conclusion

    In conclusion, the world of football agents demands a diverse and comprehensive skill set, ranging from negotiation prowess and football expertise to effective networking, communication, and unwavering integrity. The very best football agents excel in these areas, utilising their knowledge and attributes to navigate the intricate and competitive landscape of professional football while prioritising the interests and well-being of their clients. By embodying these essential qualities, they not only secure lucrative contracts, endorsement opportunities, and successful transfers but also serve as trusted advisors and advocates, ensuring their clients’ long-term success and prosperity in the dynamic world of football.

     

    Football in the Shadow of War: The Unwavering Spirit of Ukrainian Football

    By
    By Dr Erkut Sogut & Boris Gul
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    Introduction

    Football, the world’s beloved game, has long stood as a testament to unity, bridging divides with its universal language of teamwork and passion. Yet, the tumultuous events in Ukraine have cast a long, stark shadow across the pitch. Since Russia’s invasion, the country’s cherished sport has faced unprecedented disruption, touching the lives of its athletes, sports institutions, and loyal supporters.

    Tracing the origins of the current upheaval to the internal revolutions of 2004 and 2013-2014 and the ensuing Russian aggression, we find the foundations of Ukraine’s football heritage shaken. The storied Donbas Arena, once the majestic bastion of Shakhtar Donetsk, now stands as a haunting monument of war, its grandeur overshadowed by the uncertainty that has befallen the club and its fervent supporters.

    On February 24, 2022, a day now marked by sorrow, the trajectory of Ukraine was altered irrevocably. The onslaught of Russian forces tore through the heart of the nation, devastating cities like Mariupol, Irpin, Butcha, Karkiv, Kherson, and many more, bringing to an abrupt halt the dreams of Ukraine’s youth. Football, a cultural and national emblem, was relegated to the background as the fight for survival took precedence. The conflict sparked a humanitarian crisis of immense scale, propelling millions of Ukrainians into an exodus in search of safety.

    Yet, amid uproar, Ukrainian football has stood resilient, a beacon of hope illuminating the darkness. It has persevered, with players, coaches, and fans drawing strength from the game’s enduring legacy. In the face of severe adversity, football remains an unshakable pillar of Ukraine’s identity, continuing to thrive as a powerful act of resistance and a reflection of the nation’s resilient soul.

    Resilience and Resistance: Ukrainian Football’s Crossroads

    As war engulfed all the Ukraine on February 24, 2022, it also paused its national sport, football. With matches stopped and the future uncertain, Ukrainian footballers faced a tough choice that was about more than just the game: to speak out against tyranny or stay quiet. This decision reflected the larger battle facing their nation.

    In 2022, Tymoshchuk was stripped of his coaching license and titles by the Ukrainian Football Association (UAF) for failing to speak out against Russia’s invasion of Ukraine and allegiance to the aggressor, He remains an assistant coach at Zenit Saint Petersburg.

    Yet, for many others, the call to stand with Ukraine resonated deeply. These players, coaches, and fans leveraged their platforms to deprecate the oppressor and actively engage in their nation’s defense and humanitarian efforts. Their response was not just in words but in actions, some joining the ranks of those taking up arms, others providing crucial support away from the trenches.

    This unity—forged in the crucible of conflict—revealed the steadfast nature of the Ukrainian football community. Supporters’ groups, often divided by team loyalties, now stood together, symbolizing the indomitable collective spirit of the nation. Their actions and solidarity, stretching beyond the boundaries of the football field, became a testament to the resilience of the Ukrainian identity. In the heart of adversity, they found a common cause that turned the beautiful game into a rallying point for a people determined to reclaim their future.

    FIFA’s Intervention and Ukrainian Football’s New Landscape

    The escalation of the war in Ukraine prompted FIFA to enact temporary regulatory measures, addressing the pressing need to offer foreign players and coaches a path to safety and stability. In March 2022, the governing body sanctioned an amendment allowing these individuals to suspend their contracts with Ukrainian clubs. The provision was crafted to ensure that signing with new clubs during this period would not constitute a breach of contract, thus avoiding penalization for seeking refuge in the sport elsewhere.

    This decision, however, was a double-edged sword. While it safeguarded the careers of many, such as Manor Solomon’s transition to Tottenham Hotspur, it also left Ukrainian clubs in a challenging predicament. Without the usual negotiation process, these clubs faced substantial financial losses, without the customary transfer fees and with little to no compensation. This shift resulted in a significant talent drain and ushered in an unexpected opportunity for homegrown talent to step into the limelight, reshaping the future of Ukrainian football.

    Parallel to the unfolding drama at the club level, the Ukrainian national team’s odyssey to the 2022 World Cup in Qatar became a poignant narrative of perseverance and national pride. Their journey, marked by a stirring victory over Scotland, ultimately concluded in a narrow and emotional defeat to Wales. Yet, the unwavering support for the national team from across Ukraine underscored the sport’s unifying power, even in the face of unfulfilled dreams.

    In a striking show of cultural solidarity, many Russian-speaking players embraced the Ukrainian language, a shift symbolizing resistance and national identity. For these players, the adoption of Ukrainian became an act of defiance—a repudiation of oppression—and a commitment to the national cause that resonated on the pitch, in the dugouts, and within the broader societal fabric of a country in defense of its sovereignty.

    Against All Odds, Ukrainian Stars Shine Bright on the Global Pitch

    Amid the echoes of conflict at home, Ukrainian footballers continue to etch their names into the chronicles of international football with tenacity and talent.

    The prowess of Ukrainian athletes is making a significant mark throughout the English Premier League. Players such as Zinchenko in Arsenal, Mudryk in Chelsea, and Mykolenko in Everton showcase the rise of Ukrainian talent gracing England’s esteemed football fields, contributing to the solid Ukrainian presence in the league.

    Ruslan Malinovsky feels comfortable in Italy’s Serie A as an ex-Atalanta BC player and is currently at Genoa on loan from Marseille.

    Viktor Tsyhankov and Artem Dovbyk are making waves in La Liga at Girona FC, showcasing the caliber of Ukrainian grit in one of the world’s most competitive leagues. While some stars like Roman Yaremchuk are still navigating their path at Valencia CF, many young Ukrainian hopefuls are carving out their destinies in European football academies, rising from cities scarred by war to the pristine pitches of Europe’s elite clubs.

    Ukraine’s footballing prowess has also touched the Major League Soccer (MLS) landscape. Serhiy Kryvtsov’s transition to Inter Miami CF has been influential, infusing the team with his robust defensive acumen. He plays along with ex-Barca’s trio: Messi, Busquets, and Alba, among local talent, and the team finished the 2023 season as League Cup Champions and runners-up in the Open Cup. Similarly, Yevhen Cheberko’s arrival at Columbus Crew in 2023 marks a continued influx of Ukrainian talent, with the potential for more compatriots to join the American soccer revolution.

    Ukraine’s contribution to football goes beyond playing to include officiating, as shown by referee Sergiy Boiko’s move to the MLS in 2023. This shift from UEFA to MLS isn’t just a change in scenery for Boiko; it’s a learning journey highlighting the ongoing development and adaptability of Ukrainian football professionals. As Boiko acclimatizes to American soccer‘s unique styles and cultural nuances, his experience reflects a humble yet earnest commitment to understanding and embracing the diverse aspects of the game globally.

    Through every tackle, goal, and whistle, these individuals carry the indomitable spirit of Ukraine, proving that even in the most challenging circumstances, the country’s passion for football remains a beacon of hope and excellence on the global stage.

    Ukraine’s Grit on the Road to Euro 2024

    Ukraine’s national team’s journey toward Euro 2024 exemplifies steadfast determination in facing challenges. Its campaign was marked by a crucial refereeing decision from the same Spanish referee, Manzano, who was involved in a contentious call during their World Cup 2022 qualifier against Wales. The debated non-award of a penalty against Italy could have impeded their immediate qualification. The lack of intervention from VAR drew criticism from numerous observers throughout Europe. Still, it has only fueled their determination as the UA team gearsup for the playoffs in March 2024, starting with Bosnia and Herzegovina in the semi-final of Path B.

    The team’s remarkable performance, equaling the points of the reigning 2020 European champions Italy and earning vital point against group leader England, underscores their prowess on the field. With the playoffs approaching, there’s a growing sense of excitement about Ukraine’s ability to rally and bolster its strength. The team’s determined presence in the playoffs serves as a powerful message to their rivals: Ukraine, undeterred by adversity, is not only a team fueled by the aspirations of its people but also a formidable force capable of competing with Europe’s finest in football.

    The fans’ unwavering support, the international achievements of Ukrainian players, and the steadfast pursuit of qualification all contribute to a powerful narrative of national endurance. Ukraine’s football journey is far from over, and the playoffs present another chapter where they can continue to showcase their strength and determination on the European stage.

    Summary: A New Dawn for Ukrainian Football 

    The horizon of Ukrainian football is bright with promise, illuminated by the vibrant talent and achievements of the nation’s youth. The U21 team and other junior squads have emerged as a beacon of optimism, their international victories fueling dreams of a shining future in the sport. These young athletes are not just playing games but writing a narrative of hope and possibility, carrying the torch for the next wave of Ukrainian football excellence.

    As the senior squad sets its sights on the Euro 2024 playoffs, and with young talents rising through the ranks, Ukrainian football stands as a formidable force on the global stage. Every victory, every goal, and every display of skill is a testament to a country that continues to rise above adversity. The beautiful game, deeply ingrained in the hearts of Ukrainians, remains a source of strength and unity, echoing the resilience of a proud nation ready to face tomorrow with undiminished hope and relentless ambition.

    The Top Emerging Global Football Markets: A Threat to Europe? 

    By
    Dr. Erkut Sogut , Jamie Khan
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    Introduction

    Football, often referred to as the world’s beautiful game, has an immense global following that extends far beyond the borders of Europe. While European leagues like the English Premier League, La Liga, and Serie A continue to attract top talent and dominate headlines, other continents have been making significant strides in the world of football. In this blog, we will explore five exciting football stages outside of Europe, specifically the MLS, Brazil, Saudi Arabia, Japan and Turkey highlighting key developments, emerging markets, the potential for the future, and the strengthening of the talent production line in these areas.

    North America: The Rise of MLS

    The Major League Soccer (MLS) in the United States has undergone a remarkable transformation in recent years, defying its previous status as a mere afterthought in the global football landscape. What sets the MLS apart is its ability to attract international talent, making it a competitive league with a unique appeal. The influx of players from diverse backgrounds and nationalities has added a rich layer of diversity to the league, making it a true melting pot of footballing cultures.

    However, what truly distinguishes the MLS is its passionate and ever-growing fan base. The league has managed to engage fans in the United States and Canada in a way that few could have predicted. Supporters have embraced the sport with boundless enthusiasm and unwavering loyalty, creating a distinctive football culture that continues to thrive. The MLS has successfully woven itself into the fabric of North American sports, offering fans a dynamic and entertaining football experience.

    Looking ahead, the MLS has ambitious plans to become one of the biggest leagues in the world within the next few years. Its unique position as a league with a significant presence of Spanish-speaking players, coupled with the vast market potential in the United States, provides a compelling case for growth. The league’s strategy includes attracting marquee international players, investing in youth development, and expanding its reach to new markets. Notably, American talents such as Christian Pulisic, Clint Dempsey, Brad Friedel and Weston McKennie have made successful transitions to European leagues, demonstrating the talent pool available in the region.

    The magnitude and focus on women’s soccer in America have reached unprecedented heights, thanks to the remarkable achievements and outspoken nature of players like Alex Morgan and Megan Rapinoe. These athletes have not only dominated the international stage but have also become influential advocates for gender equality in sports. One significant milestone that reflects this focus is the commitment to pay women equally to their male counterparts on the U.S. National Team. This landmark achievement was a culmination of tireless efforts and advocacy by female players who have fought for parity in pay and recognition. 

    The success of the U.S. Women’s National Team, with numerous World Cup victories and Olympic gold medals, has not only inspired a new generation of female soccer players but has also shed light on the importance of equity and fair treatment in women’s sports. It has become a symbol of empowerment, encouraging young girls across the nation to dream big and aspire to greatness in the world of soccer.

    Across the border, Mexico also holds immense potential in the realm of football. The Mexican Football League (Liga MX) boasts passionate fan bases, competitive clubs, and a strong footballing tradition. The prospect of a merged North American league, which has been explored in discussions, could further elevate Mexican football, creating a major competition that rivals some of the top leagues in the world. The growth of both the MLS and Liga MX has the potential to reshape the global football landscape, offering exciting opportunities for players, clubs, and fans on both sides of the border.

    South America: The Talent Hotspot

    South America boasts some of the best football leagues in the world, with Argentina and Brazil standing out as the powerhouses of the continent’s football scene with notable successes for the national teams on the international stage.

    Brazil in particular, is renowned for its Campeonato Brasileiro Série A. Clubs like Flamengo, Palmeiras, and São Paulo FC have strong followings both domestically and abroad. Brazilian football has produced a plethora of talent, with legendary players like Pelé, Ronaldo, and Ronaldinho gracing the league. European clubs frequently scout the Brazilian leagues for top young prospects, and many successful footballers have transitioned from Brazil to European giants, with players like Neymar and Vinicius Jr. making headlines.

    The league in Brazil is also experiencing heavy foreign investment into the league. Consequently, with greater finances available and enhanced infrastructure and logistics in the league, perhaps it is another market that is only going in one direction, a positive one, and slowly edging its way into competition with some of the best football leagues in Europe. 

    Asia: High Populations, High Potential

    In Asia, Saudi Arabia and Japan (and Turkey as we will discuss separately) have emerged as notable football markets. Saudi Arabia, in particular, has made headlines with high-profile signings, including Cristiano Ronaldo, Karim Benzema, and Ruben Neves. The sustainability of the Saudi football market is supported by long-term investments and a strong presence in European football through club ownership and investment.

    Japan, on the other hand, has also experienced great recent growth and a large volume of young players on the production line moving to Europe in the Premier League and beyond. This is also reflected in the strengthening of their national team and presence in the world cup. It is definitely a market to follow. 

    The future of football in this region looks promising. In Saudi Arabia, there are ambitious plans to grow the football market, aiming for a revenue of nearly $500 million by 2030. Hosting the 2034 FIFA World Cup is a key part of this vision, and it could further elevate the status of Middle Eastern football.

    Broadcasting rights also play a crucial role in expanding the reach of football in the region. Networks like beIN Sports have the potential to propel Saudi and Middle Eastern football into the global spotlight, just as they have done with other major sporting events.

    Turkey: The Asian-European Football Hybrid

    In recent years, the Turkish Süper Lig has experienced a remarkable surge in popularity, elevating its status in the global football landscape. One of the key drivers behind this resurgence has been the success of Turkish clubs on the European stage, particularly in the UEFA Champions League recording recent famous victories such as Galatasaray beating Manchester United at Old Trafford. Other clubs like Istanbul Başakşehir and Beşiktaş have consistently competed in Europe’s premier club competition, making deep runs and occasionally causing major upsets. These performances have not only garnered international attention but have also served as a testament to the league’s growing competitiveness.

    Another factor contributing to the Turkish Süper Lig’s rising appeal is its ability to attract top talents from other European leagues. Turkish clubs have become increasingly adept at securing the services of high-profile players, both in their prime and experienced veterans. This influx of talent has injected new energy into the league, making it more appealing to both local fans and international viewers. The allure of competitive football, passionate fan bases, and the prospect of playing in a league that is on the rise has lured players from various European countries to embrace the Turkish Süper Lig as their new footballing home. As a result, the league has become a hotbed of talent and an exciting destination for football enthusiasts worldwide, further solidifying its status as a prominent force in European football.

    In the national team there are some seriously hot prospects emerging such as Arda Guler, the young star who has already made the move to Real Madrid, and 18-year-old Kenan Yıldız playing for Juventus, as well as Galatasaray’s Kerem Akturkoglu, Inter Milan’s Hakan Çalhanoğlu, and Benfica’s Orkun Kökçü. This improving quality of Turkish football is being reflected on the international stage, such as in the weekend’s 3-2 defeat of Germany. It is another market that may well cause difficulties for the major European markets. 

    Summary

    In conclusion, while European football remains dominant, the footballing world is evolving, and new markets are emerging as major players. The passion of fans, the influx of talent, the rise of the women’s game and strategic investments into the infrastructure of developing regions are shaping the future of football beyond Europe, creating exciting opportunities for players, clubs, and fans alike.

     

    Football Agents and Mandates: The Rising Popularity of Collaboration 

    By
    Dr. Erkut Sogut , Jamie Khan
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    Introduction

    In the ever-evolving world of modern football, talent is scouted globally and transfers occur between various international leagues, the requirement for football agents to collaborate with each other has become more vital and commonplace than ever. In this modern era, it is almost expected that smaller agencies will collaborate with each other to unlock new opportunities for their clients in different markets. These collaborations, based on mandate contracts, have reshaped the landscape of football agent relationships. In this blog piece, we will explore how such partnerships have become integral to the operation of agents, the key things to be aware of when using mandates to broker deals, and the benefits of doing so for your clients.

    Why Collaborate?

    Traditionally, football agents have operated as solo entities, representing their clients independently. It can of course be tempting to attempt to do every deal and part of the negotiation yourself in order to keep 100% of the commission gained from any deal. However, the complexities of the modern football world, with its diverse leagues and constantly changing transfer dynamics, have led to the rise of collaborative mandates. These mandates typically involve two or more agencies working together to benefit from each other’s strengths and contacts.

    Perhaps the primary reason behind this shift is network specialisation. Smaller agencies that excel in specific markets or regions can leverage their local knowledge and connections far above the presence you may have in a particular region. Even in some cases with bigger agencies that have worldwide, global offices they may not be effective and efficient in their communication between international offices and may also partner with other agents with whom individuals at the large agency have personal relationships with and trust in. Mandates may be options for almost any agent looking to diversify the opportunities they can present to their client. 

    By collaborating with agencies that have a stronger foothold in different regions, they can open up new avenues for your clients. For instance, an agency in South America might partner with one in Europe, giving their clients access to two highly competitive football markets. 

    In practice, if you have a client that is looking to move and their profile is a great fit for the rapidly expanding and booming Saudi Pro-League, the potential financial opportunity on offer is attractive but conducting agent operations in the Gulf can be difficult if you don’t have the right knowledge and network. In such a case, the most professional option would be to sign a mandate with a trusted partner in the Saudi market who is well connected with the clubs that may be interested in the player. In some instances, the partner may have already had transfer requests shared with him by the relevant clubs which match up with the client’s profile and they may come to you asking for a mandate to offer your player to the club.

    How to Structure a Mandate 

    In a collaborative mandate, agencies typically agree to split the commission earned from a player transfer or contract negotiation, usually a conversation may begin at a 50/50 basis but the percentage tends to be higher with the agent who actually represents the player, and has done for many years, rather than in favour of the broker. This division of earnings ensures that both parties are motivated to work towards the best possible outcome for the player. However, whilst the finances may be at the forefront for some agents, it is absolutely imperative to pay close attention to other key clauses and points to be aware of when structuring a mandate agreement with another agent. 

    Put simply, a collaborative mandate agreement, also referred to as a collaboration agreement or co-representation agreement, is a contractual arrangement between football agents or agencies who come together to jointly represent a player’s interests. It is only possible for an agent to sign mandates with another if their exclusive representation agreement with the client contains a clause that grants them the power to ‘outsource’ the representation by subcontracting other agents. In cases where the representation agreement is not in place, it will be within thes player’s powers to seek a mandate with another agent.

    The contract needs to reflect that this type of agreement is essentially for multiple agents who believe that pooling their expertise and resources can lead to a more favourable outcome for the player in terms of contract negotiations, transfer deals, or other aspects of their professional career. However, it is crucial to structure this collaboration carefully to protect the interests of all parties involved. Below are some non-negotiable aspects of the contract that must be clearly and legally outlined within a binding contractual agreement on both parties: 

    1. Jurisdiction and Territories: The agreement should clearly specify the territories, countries, and specific clubs or leagues where the collaborating agents are permitted to represent the player. This prevents any potential conflicts of interest and ensures that each agent’s role is well-defined. It’s important to outline the scope of representation clearly to avoid misunderstandings. In practice, sometimes agents may grant a partner a mandate for one specific club where they have a very close relationship and can increase the chances of a successful negotiation. In more broader situations, agents can grant mandate agreements for an entire league, or even an entire country to allow the partner to exclusively represent their client in this jurisdiction.
    2. Duration of the Mandate: The agreement should specify the duration for which the collaborative mandate is in effect. This may be for a specific contract negotiation, the length of a transfer window, perhaps including the months building up to it, or in rarer situations, for a longer duration of the player’s career and representation agreement within a very narrow and specific market. Setting a clear timeline of days, weeks, or maybe months, helps prevent disputes over the scope and length of the collaboration and protects an agent’s exclusive representation agreement with a player.
    3. Commission Split: As mentioned, the commission earned from player transfers or contract negotiations is typically split on a fair basis, often 50% is distributed to both agents in a two-party agreement. However, the exact terms of the commission split should be explicitly stated in the agreement to avoid any disputes or disagreements later on. It can also often become more complex as to who has direct control of the player and who is entitled to what proportion of the commission if more than two parties are involved such as in the case where a father of a player works with an agent in their home country who then signs a mandate with an agent abroad. It’s important to clarify how the commissions will be calculated and when they will be paid to avoid anyone feeling cheated and possibly pursuing legal action.
    4. Protective Measures: To safeguard the interests of both the player and the collaborating agents, the agreement should include protective measures in case things go wrong. These measures may include dispute resolution mechanisms, confidentiality clauses, non-compete clauses (to prevent agents from poaching the player for exclusive representation), and termination clauses that outline the conditions under which the collaborative mandate can be dissolved. For any agent engaging in such an agreement, failure to fulfil a duty contained within the contract or a breach of the contract can have consequences for the reputation and professionalism of other parties to the contract, as we will explain further below but any protective clauses within the agreement should attempt to avoid negatively impacting you for the fault of another party.
    5. Legal Review: As with the majority of contractual documents that an agent will work with during their career, it is highly advisable to have the collaborative mandate agreement reviewed by a qualified sports attorney or lawyer with expertise in football contracts. They can ensure that the contract is legally sound, compliant with relevant regulations, and does not jeopardise the exclusive representation agreement between the player and their primary agent. This step is also crucial to protect the professionalism and reputation of all parties involved.

    The Importance of Trust

    Ultimately, the success of collaborating with other agents comes down to the breadth and extent of your network within the football industry. The agents that have networked thoroughly and built strong relationships with professional and respectable partners will have the most reward from engaging in deal brokering. Opening up collaboration routes across the footballing world will create opportunities for your clients and improve the overall service you can provide them . 

    While collaborative mandates offer numerous advantages when working with the right partners, it’s important to tread carefully. Agents put their reputations on the line when they introduce a player represented by another agency. Trust and professionalism are paramount in these partnerships. Therefore, it’s crucial to choose your partners wisely.

    Before offering a player to another agency, it’s recommended to have a mandate in place. This mandate outlines the terms and conditions of the collaboration, ensuring that both parties are on the same page regarding responsibilities and commission splits. This step not only protects the interests of the player but also establishes a clear framework for the partnership.

    In some cases, agents will be hesitant to provide a mandate to another partner for various reasons. This can include a doubtfulness as to whether the agent requesting a mandate really has the contact and connections to a club or league that they are claiming to. The agencies involved should have the right contacts and networks in the target markets. Having the ability to navigate the complex web of football clubs, scouts, and decision-makers is essential for finding the best opportunities for their clients.

    Alternatively, if an agent appears untrustworthy or is ‘chancing their arm’ by sharing handfuls of players with you, it may not be sensible to sign a mandate with them as they may not even have 100% control of the player. For a collaborative mandate to succeed, the player must be under 100% control of the agency with whom the mandate is established. This ensures that decisions about the player’s career are made collectively, with the player’s best interests in mind and avoids the risk that your professionalism will be undermined by presenting players during negotiations that when the time comes, you can’t actually follow through with the deal.

    This leads us on to the point that you must always check the players that you sign mandates for and clients you are offering to other partners. For the former, you must ensure that the players they are sharing with you are of the right quality for the club requests before offering. Remember, if you represent a player on a mandate basis, it is you that the club deals with directly and your reputation and relationship with that club is put on the line. If you present them with players that are not of the right level or perhaps don’t fit their requests, they may see you as a time-waster and future negotiations and deals will be more difficult to achieve. For example, presenting a €1m transfer fee player, with €500,000 net salary expectations to a club that is struggling financially and their highest player earns €100,000 gross, will not be looked upon kindly by the decision makers within the club and tarnishes the trust and respect they may have had for you. 

    Similarly, an agent that offers another agent poor-quality clients or just sends any client over without any specific expectation or request but purely to hope for the best, will appear unprofessional to the agent they send them too. If you are going to approach other agents to enquire about the possibility of signing a mandate and finding opportunities for your client or theirs, ensure you do so with the utmost professionalism. If it is your own client, you can share details such as their TransferMarkt link, a highlights video if they are lesser known, their contractual conditions, financial expectations in terms of salary and transfer fee, and any other details that may be relevant. Be sure to also check with your client beforehand that if an opportunity did arise in the country the mandate agreement will be for, they would take it, otherwise you can end up looking unprofessional.

    Conclusion

    Remember that football can be unpredictable so mistakes can happen along the way and obstacles can arise from the player’s side, the club’s side and of course, the agents’ sides. However, in every deal brokering agreement you enter into, remember that professionalism is vital and that your reputation is on the line. If you remember this, the benefits and new opportunities that come with mandate agreements and agent collaborations can be lucrative for both you and your client and enhances the services you can provide by utilising your network to open new avenues.

    Smaller agencies partnering with others in markets where they lack expertise is a strategic move that can unlock these new and expanded opportunities for their clients. However, trust, professionalism, and clear mandates are the cornerstones of successful collaborations. Agents who uphold these principles while working together can provide their clients with the best possible chance to thrive in the world of football. In the beautiful game where teamwork is key, even football agents are finding ways to collaborate with each other.

     

    The NIL Wave: Agents and the New Age of Collegiate Sports

    By
    Rucheek Kuppachi , Dr. Erkut Sogut
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    Background

    College soccer stands as an essential foundation for nurturing soccer talent in the United States. Each year, a multitude of college players leap into the professional world. Despite the surging growth of youth academies and an alignment with global standards in player development, the significance of college soccer remains resolute. It not only functions as a platform for refining the skills of future professional players in men’s and women’s soccer but also as a unique amalgamation of athletic competition and academic pursuits.

    This blend goes beyond the mere physicality of the game; it’s a holistic approach fostering skills that transcend the soccer pitch. College soccer acts as a proving ground, not just for athletic abilities but also for the cultivation of individual brands. It’s a spotlight that often illuminates the journey of emerging talents, giving rise to a symbiotic relationship between athletic excellence and personal branding.

    Traditionally, college athletes, despite their instrumental role in generating revenue for their schools through sports, were precluded from earning financial benefits from their image, name, or likeness. This disparity in revenue distribution has long been a point of contention within the collegiate sports sphere. While colleges and institutions reaped substantial financial gains from the prowess and popularity of these athletes, the athletes themselves were unable to capitalize on their marketable identity.

    However, after a nationwide court settlement in 2021, the whole dynamic changed when Name, Image, and Likeness (NIL) deals came into play. This transformative shift not only enables student-athletes to earn from endorsements, sponsorships, and partnerships but also maintains their eligibility to compete in college sports. Simultaneously, the emergence and influence of social media platforms have amplified the marketability of these athletes. Those with a robust online presence, engaging followers, and exceptional performances are highly sought after for NIL deals, effectively becoming potential brand ambassadors and expanding their roles beyond their on-field or on-court performances.

    University teams have actively engaged in providing NIL deals to their players, as evidenced by the Michigan State Women’s Soccer team, offering significant compensation. Notable players like Emily Mason and Reilyn Turner capitalized on their skills and social media following to secure brand deals with sports giants Adidas and Nike, respectively. Additionally, sisters Alyssa and Giselle Thompson secured NIL deals with Nike while still in high school, further highlighting the expanding scope of NIL agreements.

    The emergence of these deals not only alters the financial fabric of collegiate sports but also provides a platform for students to build their personal brand and business skills while pursuing their education and athletic careers. This transition to NIL deals, however, raises significant ethical dilemmas, prompting discussions about fair play, exploitation, and the shifting landscape of representation in collegiate sports.

    What are NIL Deals?

    According to the National Collegiate Athletic Association (NCAA), an NIL deal involves an agreement between a student-athlete and an external entity, whether a brand, company, or individual. Through this arrangement, student-athletes receive compensation for leveraging their name, image, and likeness, resembling the structure of Image Rights deals, commonly associated with elite players engaged in brand promotion. This change has swiftly dominated the college market, allowing several athletes to earn significant amounts of money while still in college.

    This transformative shift not only enables student-athletes to earn from endorsements, sponsorships, and partnerships but also maintains their eligibility to compete in college sports. Simultaneously, the emergence and influence of social media platforms have amplified the marketability of these athletes. Those with a robust online presence, engaging followers, and exceptional performances are highly sought after for NIL deals, effectively becoming potential brand ambassadors, and expanding their roles beyond their on-field or on-court performances.

    As a result of these NIL deals, student-athletes now navigate a landscape where their value isn’t solely dependent on athletic abilities but also on their personal branding and appeal on social media. This infusion of income and brand opportunities has not only altered the financial fabric of collegiate sports but also provided a platform for students to build their personal brand and business skills while pursuing their education and athletic careers. The transformative impact of NIL deals extends beyond financial gain, allowing student-athletes to carve their space in the commercial sphere while managing their academic and athletic commitments.

    You might wonder how all of this ties into the role of an agent and the broader landscape of player representation.

    Why NIL Deals are so valued

    In college athletics, the standard regulation prevents athletes from engaging with agents to safeguard their eligibility for continued participation in their college teams. This guideline serves to ensure team cohesion and enables athletes to focus solely on their current endeavors without distraction. Consequently, unless a player is unequivocally committed to pursuing a career post-college, they often refrain from associating with agents until their last year, when their eligibility is spent, or may opt not to engage with agents at all.

    However, the introduction of NIL deals has provided a pathway for agencies to interface with college athletes, often masquerading as “NIL agents.” This avenue allows agents to specifically connect with exceptional athletes boasting substantial followings, offering them advantageous brand deals and collaborative opportunities. This transition marks a significant change, granting agencies access to a cohort of college players they previously couldn’t directly reach. This transformation reshapes the landscape, facilitating earlier and more direct interactions between aspiring athletes and professional representatives, thereby blurring the lines of traditional relationships between college athletes and agents.

    Consequently, agents now leverage brand deals to establish rapport with talented players, aiming to nurture robust relationships. The intent is to establish a relationship strong enough that, when the player embarks on a professional career, they’ll recognize the bond developed and potentially continue collaborating with the same agency.

    NIL deals have not only altered the engagement between agents and college athletes but have also introduced a new paradigm in the collegiate sports realm. These arrangements empower athletes to monetize their personal brand during their college tenure. This is a game-changer as it offers students an opportunity to financially benefit from their name, image, and likeness. The newfound ability to profit from endorsements, sponsorships, and partnerships while still in college is transforming the financial landscape for these athletes. Moreover, it’s not merely about short-term financial gains but also about establishing a foundation for their post-college careers.

    Ethical Dilemma of NIL Deals

    Ethical quandaries arose with the introduction of NIL deals in 2021, revealing the absence of a clear, structured regulatory framework. Athletes now have the chance to monetize their personal brands, yet this freedom blurs the lines between fair play and amateurism. Central ethical concerns include disparities in endorsement opportunities between high-profile and lesser-known athletes, raising questions about fairness within collegiate sports. There’s a growing debate about potential exploitation by external entities seeking to profit from athletes’ image and likeness.

    Recruiting college athletes for future representation poses a major challenge for agents, paralleling the ethical concerns of offering gifts or inducements to minors. The practice of enticing young athletes with incentives is rightly discouraged as a form of manipulation, attempting to secure representation agreements before they can make informed decisions.

    NIL deals, similarly, become a tool to attract athletes for future representation, potentially blurring ethical boundaries, akin to the frowned-upon practice of offering gifts to minors. Leveraging NIL deals solely for future representation might prioritize immediate gain over the athletes’ best interests and preparedness for professional commitments.

    Agents, even if not the most suitable, may use their authority to attract athletes with tempting college deals. This can create a sense of obligation in athletes, who feel indebted for the extensive work done during their college years, especially concerning NIL deals, upon their transition to the professional sphere.

    Conclusion

    While the legal aspects of NIL work for agents are relatively clear, the ethical implications surrounding their engagement with student-athletes remain hazy. The management of NIL deals poses an ethical puzzle within the realm of collegiate sports representation. Different agents navigate this terrain in distinct ways, influencing the agent-athlete relationship and shaping the future of these young talents.

    Some agents strategically utilize NIL deals as a foothold to secure relationships with top players, fostering promising connections. These ventures are undertaken with a calculated approach, aimed at building successful partnerships that extend beyond the collegiate domain. Conversely, other agents opt for a more cautious route, prioritizing the preservation of integrity over immediate gains. This approach emphasizes ethical considerations, ensuring that the relationships established with athletes are grounded in trust and genuine commitment.

    Ultimately, the decisions and strategies employed by agents revolve around their personal interpretations of ethical values and moral compasses. Each agent’s approach reflects their individual stance on what ethical representation entails in the evolving landscape of college sports. Despite these varied approaches, the foundational objective remains unwavering for agents—to advocate and safeguard the best interests of their clients, the student-athletes.

    In the world of collegiate sports representation, the revolutionary influence of NIL deals goes beyond restructuring financial frameworks; it triggers a notable reconfiguration in the balance of power between agents and student-athletes. This progression parallels the trend observed in European football, where players are evolving into individual “brands,” and clubs are increasingly dependent on these player brands for their financial success. This shift represents more than monetary benefits, signifying a transformative shift in relationship dynamics. It ushers in a new era where athletes exert enhanced authority over their personal branding and financial futures.

     

     

     

    A Prediction on The ECJ Legal Case on the FIFA Football Agent Regulations

    By
    Dr. Erkut Sogut , Jamie Khan
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    Introduction

    As we write this blog there are several ongoing court cases targeting the new FIFA Football Agent Regulations (FFAR) that are yet to be concluded, and those that have passed judgement so far have not always been favourable to agents whilst others have undermined the outcome FIFA desire. The most significant ongoing court case is being heard in the European Court of Justice (the ECJ).

    The judgement and proceedings with the ECJ are held in this particularly high regard as the court has collateral consequences upon other countries, associations and jurisdictions. From our previous blogs on the topic of the legal battle against the FFAR we know that in many countries, decisions have been made to grant injunctions, delays, preliminary judgements, and temporary alterations to the regulations whilst waiting for the ECJ conclusion. Put simply, the decision and rulings that are eventually made by the ECJ will then be factored into the finality of the decisions and FFAR implementation made in individual countries.  

    In this blog we will first explain what we know about the ECJ case so far and where it currently stands in terms of making a judgement. Then we will aim to make estimated predictions as to what the outcome might be by delving into the legal basis of the case agents are presenting against the FFAR and the compatibility, coherence and legality of the regulations with international laws, particularly focusing on the principles outlined in the well-known Meca Medina case. 

    The European Court of Justice

    Before we assess the legal case against the FFAR being heard in the most internationally-impacting court and attempt to predict an outcome, it’s important to first understand who is actually responsible for making this key decision that will be binding and enforceable upon individual associations. 

    The European Court of Justice (ECJ) is a pivotal institution within the European Union (EU) that plays a crucial role in maintaining the integrity of EU law. Established in 1952, the ECJ is headquartered in Luxembourg and serves as the EU’s supreme court. Its primary function is to ensure the consistent interpretation and application of EU law across all member states and by all Individuals, businesses, and organisations.

    At the heart of the ECJ’s mandate is the task of interpreting EU law. When national courts within EU member states encounter questions regarding the interpretation or application of EU law in specific cases, they have the authority to seek clarification from the ECJ. These queries result in preliminary rulings issued by the ECJ, which are binding on the national courts. This process ensures that EU law is uniformly applied throughout the EU, irrespective of the specific legalities of member states.

    Another vital role of the ECJ is to enforce compliance with EU law. If a member state fails to correctly implement EU law or acts in a manner inconsistent with EU principles, the ECJ has the authority to issue judgments and impose penalties to ensure compliance. This mechanism is essential for maintaining the EU’s legal framework’s cohesion and effectiveness and allows the court to hold EU institutions and states accountable. We will look at a sport-specific example case below which demonstrates how the ECJ can exercise their powers in the context of sport.

    Individuals, businesses, and organisations (such as a representative body of Football Agents and FIFA) can bring cases against EU institutions before the General Court, a component of the ECJ. This process enhances transparency and oversight over the actions of EU bodies, contributing to the EU’s democratic principles and checks and balances.

    Moreover, the ECJ has a critical role in safeguarding fundamental rights enshrined in the EU Charter of Fundamental Rights. It ensures that EU legislation respects these rights, contributing to the protection of individual freedoms, competition and liberties within the EU. These are particularly relevant and part of the debate we will go on to discuss with regard to the FFAR.

    Importantly, the European Court of Justice acts as a crucial arbiter in cases involving EU law and regulations, ensuring that the legal framework within the European Union remains harmonious and consistent, even in complex and contentious matters such as those involving international sports regulations like the FIFA Football Agent Regulations.

    The Applicability of EU Law to the FIFA Football Agent Regulations

    The new regulations imposed by FIFA can be analysed from the perspective of EU competition law to ensure they conform to the principles of the internal market. If these regulations have the effect of restricting the economic activity of agents, for instance, by capping commissions or limiting the ability of agents to operate freely across the EU, agents may argue that such limitations are anti-competitive as we will analyse below.

    Agents who believe that FIFA’s regulations are impeding their ability to conduct business are challenging these rules before the European Court of Justice (ECJ). They are contending that the regulations contravene Article 101 TFEU if the rules are deemed to be part of an agreement between undertakings or an association of undertakings that restricts competition within the EU. If FIFA is found to hold a dominant position in the market for the services of sports agents, then agents could also argue that the imposition of such regulations amounts to an abuse of that position, in violation of Article 102 TFEU.

    The ECJ would then assess these regulations to determine whether they are proportionate and necessary for achieving the legitimate objectives pursued by FIFA, which could include the integrity of sports and protection of athletes, or whether they are simply commercial restrictions that unduly limit competition. The general applicability of these regulations across all member states would also be a factor in the assessment, as EU law seeks to ensure the free movement of services and the freedom of establishment.

    If the ECJ finds that the regulations do indeed violate EU competition law, FIFA would be required to amend them to comply with EU principles. It’s a complex balance between the autonomy of sports organisations to regulate their affairs and the broader economic freedoms protected by EU law.

    The Legal Case Basis 

    So what are the fundamental reasons and legal questions behind the ongoing legal dispute concerning the new FIFA Football Agent Regulations? 

    As we have touched upon above, the core of these proceedings centres on agents’ firm belief that certain aspects of the new regulations exhibit inconsistency and conflict with broader realms of European and national laws. Football Agents and their legal advocates contend that FIFA has run afoul of European Competition Law, effectively promoting an anti-competitive environment within the industry. As a result, agents argue that these regulations should be invalidated and rendered unenforceable and this is what the ECJ will decide whether or not to agree with. 

    It is key to note that FIFA is not exempt from adherence to local and international laws thanks in large part to a case we will go on to discuss. Hence, it is imperative that the new agent regulations align with and comply with these legal frameworks. In the legal action against FIFA in the ECJ, it becomes crucial for FIFA to demonstrate this alignment; otherwise, there is a risk that the FFAR may be dismissed and declared unenforceable, forcing amendments and adjustments to be made to bring it into coherence with international laws.

    Without delving too far into the depths of case law that will be scrutinised and applied to the ECJ it is important to mention the case of Meca Medina and Majcen v Commission [2006] which was also decided upon by the ECJ and concerned violations of European Competition Law. The judgement of the case outlined several principles that we can now use to make an informed prediction as to how the dispute between FIFA and football agents may be resolved. These key principles are listed below and we go on to outline the fundamental legal grounds for the dispute against FIFA that agents are attempting to demonstrate to the ECJ are contradictory and therefore illegal under the microscope of international law: 

    1. Non-discrimination: The ECJ in the Meca Medina case emphasised that EU competition law prohibits any discrimination between different categories of economic operators or between different trading partners. This means that all entities, including sports organisations and governing bodies such as FIFA, must treat all economic ‘operators’, namely football agents in our concerned case case, fairly and without discrimination. Because of this ruling, FIFA must always be in line with wider European law and there is no exemption in sport; we are also seeing this in the case around the European Super League proposal at the moment as well.

    In the dispute against the FFAR, perhaps the most significant clash with the non-discrimination principle arises from the commission cap. This could potentially constitute an unlawful restraint on trade and curtail the earning prospects of agents but is not a measure seen elsewhere in the sport. As there are no other examples of capping or restricting income for other football industry professionals, many of whom such as players and sporting directors can earn large wages, can help agents demonstrate that the caps against them contradict the principle of non-discrimination given in the Meca Medina case.

    2. Proportionality: The ECJ emphasised that any measures taken by sports organisations or regulatory bodies must be proportionate to the legitimate objectives pursued. This means that any restrictions or regulations imposed by FIFA on football agents must be reasonable and not go beyond what is necessary to achieve legitimate goals, such as maintaining the integrity of the sport. As we will discuss later underneath the Meca Medina principle of balancing competing interests, proportionality will be considered in the context as to whether the measures taken by FIFA through the FFAR are proportional to the legitimate objective of regulating football agents in an appropriate manner.

    3. Transparency and Due Process: The ECJ highlighted the importance of transparency and due process in the enforcement of competition law. This means that any actions or decisions taken by FIFA in its dealings with football agents should be transparent, and agents should have the opportunity to present their case and be heard in a fair manner.

    With regards to this legal principle, it is key to understand that FIFA serves as the global governing body responsible for establishing, revising, and abolishing rules and regulations in the sport, which subsequently find implementation at the national level. The legal case against FIFA seeks to demonstrate that the predominant entity, FIFA itself, has misused its position of authority and committed an ‘abuse of dominance’ that is in breach of the transparency and due process principle outlined in the Meca Medina case. 

    To assert that these regulations constitute an ‘abuse’ of their standing within the football industry, the cases aim to argue that the newly instituted agent regulations were developed without due consideration for affected stakeholders, causing harm to market competition and the overall well-being of the industry. Additionally, the agents’ legal argument endeavours to establish that any purported efforts by FIFA to prevent the abuse of dominance, such as the ostensibly conducted “consultation” process involving agents, proved to be ineffectual and simply a publicity stunt.

    4. Balancing Competing Interests: The ECJ recognized that sports organisations such as FIFA may have legitimate interests in regulating the sport, but these interests must be balanced against the rights and interests of economic operators, including football agents. This requires a careful examination of the specific circumstances of each case.

    In the case we are considering, FIFA has introduced the new agent regulations with the intention of bringing about an overall enhancement to both the agent industry and the sport of football in general. This decision comes in response to widespread criticism regarding the lack of transparency within the agency sector and the substantial outflow of funds from the game as clubs pay substantial commission fees. 

    The ECJ case against FIFA aims to demonstrate convincingly that the current form of these new regulations lacks a fair balance of competing interests, and offers no realistic prospect of achieving FIFA’s stated objectives. For instance, a foreseeable outcome of the new regulations is that agents and clubs may explore alternative methods of ethically compensating agents, and if not, it is the players who may bear the burden rather than the clubs. Consequently, if the court determines that the regulations are unlikely to fulfil their intended purpose of fostering a more transparent and ethical industry, it is conceivable that the FIFA Regulations may not be upheld.

    In summary, when applying these Meca Medina principles to the case involving FIFA and football agents, the ECJ and relevant EU courts are likely to consider whether FIFA’s actions and regulations are in compliance with EU competition law. They would assess whether FIFA’s rules and practices are non-discriminatory, proportionate, transparent, and respect due process. The court would also weigh FIFA’s legitimate objectives, such as the integrity of football, against the rights and interests of football agents to ensure a fair and balanced outcome. Ultimately, the specific details and context of the case will determine the extent of the application of these principles.

    It is also worth mentioning one other issue under scrutiny in the ECJ regarding the new regulations and the requirement for agents to publicly disclose their earnings through the FIFA Clearing House. These concerns revolve not only around agents’ right to privacy but also the potential risks this disclosure could pose to agents, particularly in certain regions of the world. Agents are hopeful that the ECJ will view breaches of privacy and the potential impact on agents’ safety as additional legitimate arguments against this aspect of the new regulations.

    In essence, agents believe that certain elements of the new FIFA agent regulations, particularly the commission cap, are unjust. If the ECJ ultimately validates these regulations, agents who do not fall into the highest income bracket may find it challenging to sustain their businesses, potentially leading to significant repercussions for players in lower leagues and the broader football landscape. Nonetheless, demonstrating ‘unfairness’ alone may not be sufficient; the case presented to the ECJ by agents must rely on evidence and well-constructed arguments highlighting how the regulations contravene national and international laws.

    What is the Outcome Going to be?

    Predicting the exact conclusion of the European Court of Justice (ECJ) in the ongoing legal dispute over the FIFA Football Agent Regulations (FFAR) is challenging, as it hinges on complex legal arguments and interpretations. However, many believe it is likely that the ECJ will acknowledge some shortcomings in the current FFAR when applying the principles of the Meca Medina case, and the court may call for changes and amendments. The extent of these changes remains uncertain and will depend on the specific legal violations identified by the court. 

    The ECJ may emphasise the importance of FIFA aligning its regulations with European and national laws, particularly with regard to competition law and to ensure they are non-discriminatory, proportionate, transparent, and respect due process. The commission cap, which has drawn significant scrutiny, may therefore undergo modifications to ensure that it does not hinder healthy competition within the agent industry while still addressing concerns related to exorbitant commissions.

    Furthermore, the court could recommend improvements in FIFA’s consultation processes with stakeholders and demand more transparency in the development of regulations, resulting in a more balanced approach that takes into account the interests of all parties involved, including agents, clubs, and players.

    Regarding the requirement for agents to publicly disclose their earnings, the ECJ may prioritise agents’ right to privacy while considering alternative methods to enhance transparency in the industry without compromising safety.

    Conclusion

    In summary, the key premise is that the ECJ’s ruling will serve as a definitive interpretation of how EU law aligns with the FIFA regulations, providing legal clarity not only for the parties involved in the case but also for all EU member states. If the ECJ does indeed find that the FIFA regulations violated EU law, it will likely result in adjustments or exemptions being made to the regulations to bring them in line with EU legal standards and in adherence to the principles arising from the Meca Medina case. The extent of these changes will depend on the specific legal arguments put forth during the proceedings and the court’s determination of the regulations’ shortcomings. Conversely, if the ECJ determines that the regulations are consistent with EU law, it will uphold and permit their implementation within the EU.

     

     

    Navigating the Complex Terrain of FIFA Football Agent Regulations: A Global Perspective Summary

    By
    Dr. Erkut Sogut , Jamie Khan
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    Introduction

    In this blog, we dive into the latest developments in FIFA’s football agent regulations and their varied implications across different countries. This comprehensive analysis aims to unravel the complexities of these regulations and their impact on agents worldwide.

    FIFA’s New Agent Regulations: 

    • The Beginning:

    In December 2022, during the World Cup in Qatar, FIFA announced the new agent regulations, later made public on January 9, 2023. However, these regulations have been met with varied responses in different countries, leading to legal challenges and ongoing court decisions.

    • The German Standpoint: A Prelude to Divergence:

    In Germany, courts in cities like Hannover, Mainz, and Dortmund have taken different stances. Notably, the Dortmund court issued a preliminary injunction, halting the application of these regulations in Germany due to conflicts with national and European laws.

    • England’s Pending Decision:

    England awaits a crucial ruling from its sports arbitrational court, due on November 30, 2023. Until then, English agents continue to operate under their national federation’s guidelines, setting a stage for possible deviation from FIFA’s regulations.

    • The Netherlands and Belgium: Seeking Guidance:

    Courts in both the Netherlands and Belgium have deferred the matter to the European Court of Justice, highlighting the growing complexity and uncertainty in the application of FIFA’s regulations.

    • Spain

    In Spain, a recent temporary court order has emerged, taking aim at FIFA’s execution of the FFAR.

    A Court in Madrid has issued a formal order to both FIFA and the RFEF (the Spanish national association), directing them to refrain from implementing the service fee limitation outlined in both the FFAR and the RFEF’s domestic implementing regulations.

    Currently, this order serves as a provisional interim measure, with the full legal proceedings linked to the challenge in Spain still unfolding. Nevertheless, it introduces a captivating dimension to the ongoing situation, particularly as we eagerly anticipate the outcome of a comparable challenge initiated by a small group of English agencies challenging the incorporation of the FFAR and NFAR in England.

    • France and Italy’s Stance: Non-Implementation:

    Both France and Italy have chosen not to implement FIFA’s regulations, partly influenced by the situation in Germany and concerns over competitive balance in the industry. In France, the FFF has informed FIFA of their intention to disregard commission caps for the time being and uphold their existing national regulations. Their rationale is to maintain France’s competitive position on the international stage for agents and leagues alike. Italy has also clearly expressed its intention to allow restrictions on dual representation between players and selling clubs, contrary to the FFAR.

    • Global Landscape: Varied Responses and Legal Battles:

    Countries like Turkey and the United States are yet to clarify their positions, while legal challenges are brewing in Switzerland, Austria, and Spain. The global agent community is increasingly looking towards collective action in response to these regulations.

    Analysis and Conclusion:

    The widespread non-implementation and legal challenges in major footballing nations like Germany, England, France, Italy, and potentially Spain, suggest a disconnect between FIFA’s intentions and the practical realities faced by agents. The lack of broader consultation with the agent community has led to numerous court cases and a fragmented regulatory landscape. 

    The best course for FIFA might be to pause these regulations worldwide and await the European Court of Justice’s decision, which could provide a unified legal framework. Moving forward, it is crucial for agents to unite, ensuring their voices are integral in shaping policies that directly affect their profession.

    Looking Ahead:

    In our next blog post, we will analyse the potential outcomes of the European Court of Justice’s decision, providing a deeper legal perspective on what lies ahead for football agents and FIFA.


    The Need for Creating Scouting and Monitoring System for the TFF in the European Football Market

    By
    by Dr Erkut Sogut, Baris Kaader & Kaan Karazor , Dr. Erkut Sogut
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    Introduction:

    The success of Turkish players born in Europe is a clear sign that there’s a lot of talent waiting to be discovered by the Turkish Football Federation (TFF). In this post, we’ll talk about why it’s crucial to have a good scouting and monitoring system in the European football scene. By doing this, TFF can identify and support Turkish players from Europe, improve the national team’s performance, and build a stronger bond between Turkey and the turkish community living abroad, making the football ecosystem more successful.

    The Rise of Top Turkish Football Talents in the European Market and Their Impact into the Turkish Football Ecosystem / 2023

    In recent years, we’ve witnessed an exciting trend in the rise of Turkish Talents. More and more young, aspiring Turkish football players are making their mark in the top European leagues, setting new standards within their respective clubs. The likes of Yunus Akgün, Bertug Yildirim and Arda Güler from very different regions in Europe are just a few examples of this rise. 

    But there are more players with Turkish roots in the European Football market which have a huge effect on the Turkish football ecosystem.

    When we take a closer look, we will see that most of the promising players with are in central Europe. (Germany, Austria and Switzerland) There are players like Atakan Karazor, Can Uzun, Yusuf Kabadayi, Yusuf Demir and many more in the 1. and 2. German Bundesliga. Netherlands have also developed players like the ones, Can Bozdogan, Orkun Kökcü and Ahmetcan Kaplan. Furthermore there are great Turkish talents in countries like France, Belgium, England and Denmark. These young talents are not only carving their own paths to success but are also contributing to the broader Turkish football ecosystem. Their journey isn’t just about personal success. It impacts also Turkish football as a whole, by excelling in European clubs and elevating the status of Turkish football globally. These players can act sometimes even as ambassadors for Turkey, inspiring a new generation of players to venture into the international market.

    Why is This System Necessary?

    Many young Turkish players born in Europe have great potential that’s not been discovered yet. If we spot their talents early, it can really help Turkish football. There are already some European-born Turkish players doing well for our country in both youth and senior national teams. But we can boost these numbers with a well-thought-out scouting and monitoring system. To make this system work, we need determination, financial support, and moral support. It’s also key to work with skilled scouts who are good at communicating. They should keep in touch with the players, their families, and their clubs, offering guidance for their growth. This way, we can better integrate these talented players into Turkish football, making our football scene more competitive internationally. This also gives the players the support and chances they need to move forward in their careers. So, setting up a scouting and monitoring system in Europe is critical for Turkish football’s future.

    How to Establish the Scouting and Monitoring System?

    Step 1: Setting up a Central Office: Create a main office to manage the whole system. This office will coordinate with other offices and handle the observation and monitoring tasks.

    Step 2: Opening Satellite Offices in Europe: Set up other offices in key areas in Europe. These offices will communicate with TFF, start observation activities, and plan events.

    Step 3: Observation System: Build a thorough observation system to find talented Turkish players in Europe. This could mean working together with local observers, clubs, and academies.

    Step 4: Reporting System: Put in place a clear reporting system that gives detailed evaluations of players’ abilities, potential, and how well they’d fit in the national team. These reports are vital for making informed decisions.

    Step 5: Decision-Making: Create a method for reviewing the reports and deciding whether to include players in the national team or offer them more chances to develop.

    Summary:

    In short, Turkish players born in Europe have shown a lot of promise, and TFF has a chance to lift up our national football scene. By opening offices in key spots in Europe, TFF can scout, support, and bring in these players, which helps both the players and Turkey’s football community. This organized approach strengthens the bond between Turkish people abroad and their home country, making a strong, globally competitive football community.

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