Introduction

Earlier this year, the new FIFA agent regulations were implemented to the extent of a transition phase with the plan being by the 1st of October 2023, they will be fully enforced. The regulations detailed provisions and restrictions to the activity of football intermediaries such as a new licensing system including an examination process, multiple representation and commission caps.

It has always been discussed amongst the world of agents, those most affected by the changes, that there would be grounds to bring a legal case against the new regulations for a variety of reasons, mainly regarding the non-compliance of the new regulations with international and national laws. In this blog, we will aim to help you understand the legal basis which these cases will call upon, how this may develop, FIFA’s most likely defence, the possible outcomes and the wider effect this may have upon football agents and the sport as a whole. We will do this without entering into any of the complicated aspects of International Employment and Competition Law.

Background

Put simply, there are many different levels at which disgruntled agents can bring a case against the new FIFA agent regulations. There are different areas of law that agents consider are infringed upon by these new regulations and hence, if true, there is a good basis for a robust legal case. Regardless of FIFA’s all-powerful position in the world of football, they must consider national and international laws and therefore, the new agent regulations must be compliant and compatible with these legal systems. This is because in the legal pyramid, national and international laws are treated as superior to FIFA laws. They will take precedence over FIFA laws if there is any conflict with national or international laws such as employment laws in European Law within the European Parliament.

Firstly, potential issues with the new FIFA regulations lie in European Competition Law. This concerns preventing a body being able to develop a ‘monopoly’ over an industry and acting against the interests of the public. For the FIFA agent regulations, agents could possibly argue that FIFA have breached European Competition Law and that it is facilitating an anti-competitive industry. The commission cap is the biggest contradiction against Competition Law as it prevents agents conducting their business competitively against other agents. Furthermore, this could also be an illegal restriction of trade and limits the earning potential of agents. This could be brought to court and argued against on legal grounds. 

Another major point of legal discussion is around what is known as an “Abuse of Dominance”. To break this down, firstly we must acknowledge that FIFA possesses a position of power, or ‘dominance’, over the football industry. Whilst the laws of football are produced by IFAB, FIFA are the governing body that makes, amends and removes rules and regulations within the sport and across the world, their regulations are implemented on a national level. Therefore, FIFA satisfies the first criterion of dominance, that there is a dominant organisation in the industry.

For an abuse of dominance to be successfully argued in court, it must be shown that the dominant organisation, in this case FIFA, has abused their position. For it to be said that their actions are an ‘abuse’ of their position in the football industry, agents will aim to argue that the new agent regulations are damaging to market competition as well as the general well-being of the industry. Additionally, the agents’ case will try to prove that any alleged attempts of FIFA to avoid abuse of dominance, such as the consultation process they conducted with agents as discussed later, were futile. So, for example, agents will attempt to demonstrate that the hard commission cap and other objectionable aspects of the regulations are detrimental to the welfare of football as a whole as well as the profession of agents. 

The new regulations have restricted the earning potential of agents by only allowing a commission service fee of 3% if a client’s annual remuneration is above $200,000. The maximum an agent could possibly earn in any deal under the new regulations is 10% of the individual’s remuneration (if under $200,000) or 6% (if over $200,000) if they act on behalf of the client and the engaging club. However, realistically this is never guaranteed and often agents will only be able to earn a smaller, restricted service fee from a single party. It is also very common in football that agents will split commissions between two or three agents when trying to find their best deal for clients. This will mean individual agents will receive a maximum of 1% or 1.5% in these deals which is not financially viable. This will form part of the legal case against the regulations and argue that it damages competition and the well-being of the industry.

The cases against the new agent regulations may point to the recent implementation of a new format for a ‘Club World Cup’ as evidence that FIFA commit abuses of dominance in their governance of football. National associations, the European Leagues Association and the World Leagues Forum have already issued complaints about the new 104-game format of the Club World Cup that will take place every four years as they were not consulted by FIFA despite the effect this will have on both international and national competitions. La Liga described FIFA’s unilateral decision making as a ‘complete disregard’ for the football community. 

FIFA have received numerous accusations that their lack of external consultation and respect for other stakeholders is damaging for football. However, the lack of consultation before making a major decision which alters the landscape of club football could also be used within the legal battles as a strong example of FIFA’s abuse of dominance which the European Leagues Association stated has become a ‘habit’ of FIFA in recent years. 

There are then several legal issues surrounding the aspect of the new regulations and the FIFA Clearing House requiring agents to publicly declare their earnings. The concerns around this are not only based on the right to privacy of agents but also the dangers this may present to agents in certain parts of the world. Agents will hope that courts will consider that breach in privacy and an effect on the safety of agents to be a valid argument against this part of the new regulations.

Ultimately, agents feel as though at least some parts of the new FIFA agent regulations, particularly the commission cap, are unfair. Agents that aren’t in the top bracket of earners are likely to be driven out of business and this could have drastic consequences for players in lower leagues and the wider football landscape. However, ‘unfairness’ is often not enough, the cases that will be brought to court at different levels in different legal systems globally will rely upon evidence and well thought-out arguments that the regulations undermine laws that are in place nationally and internationally and that should apply to FIFA.

What has happened so far?

So far, agents from competing companies have united together into representative associations and groups to join forces in creating a robust legal argument against certain elements of the new FIFA Agent Regulations. For example, the ‘Association of Football Agents (AFA)’ held a meeting in London to discuss possible legal action and plan for the next steps for agents. 

In some places, legal cases have already commenced. We know FIFA and the KNVB (Dutch football board) have been summoned to the Dutch Courts to begin the first legal proceedings disputing the new regulations. Furthermore, following a German Agency suing the DFB (German football board) the national court has escalated this to a higher European court who will take the case further before reaching a conclusion as to whether or not the new FIFA agents regulations are compatible with wider International laws. The Professional Football Agents Association (PROFAA) have also brought a case to the Court of Arbitration for Sport (CAS) and a case is set to begin in Belgium as well. Evidently, there is a wide array of legal battles ongoing against the FFAR.

Agents originally objected to the claims that FIFA had properly consulted agents when devising the new regulations as we will explain further in the next section. This can contribute to the strength of the ‘abuse of dominance’ argument as agents are considering how best to demonstrate that FIFA implemented the new regulations without proper collaboration with those that the regulations were going to impact the most. The decisions made by FIFA to introduce regulations such as hard commission caps have consequences and collateral damage on many stakeholders within the game of football. Agents have begun to point to this as legal cases are built and brought to courts. 

Importantly, many agents welcome and are supportive of introducing regulations for the profession. For example, lots of agents have given positive feedback on reintroducing an exam to raise the quality and standard of the profession and the notion of increasing transparency within the game is mostly agreed with. However, the belief is that the new FIFA agent regulations as a whole, the manner in which they have developed, the contents of certain major points and the nature of the implementation has not been practically reasonable and raises legal issues.. 

FIFA’s Position

To defend the new regulations successfully in court, FIFA’s legal representatives will have to convincingly justify the reasons and basis for each questionable aspect of the regulations. For example, they must show that their reasons for restricting commissions and the amount of money that agents can make has such a benefit for football that outweighs the case against them. Their main argument will be that agents take money away from the football industry. In itself, this will be too vague and only reflects the small proportion of agents that take large sums from single transactions, so FIFA will have to reinforce this with evidence within court to show that it is enough of an issue to bring in hard commission caps. 

FIFA will also have to defend their position as to why agents representing the selling club can earn more than a player agent, hence seemingly valuing these agents above player agents. The court will then decide whether, under international and national free market, competition laws and more, there is sufficient grounds for certain regulations. 

As we briefly touched upon, there are claims in defence of FIFA that they conducted a consultation process and purposeful meetings with global agents in order to better inform their development of the new regulations. If they were able to prove that these meetings were what they are saying they were, this may act as a defence against the claim of ‘abuse of dominance’. 

Since 2018, FIFA has held several so-called ‘consultations’, supposedly bringing together agents from around the world to voice their opinions and concerns regarding their proposed regulations which have now come into force. The fundamental premise of this was positive, if FIFA were to have openly collaborated with agents to find the best possible solution, compromise and regulation for agents as ‘stakeholders’ in football, it would have most likely benefited the sport as a whole.

The entire process may have appeared positively to the public as a proper and thorough consultation but this contrasts the fact that many agents left this process and disagreed with how they were conducted. A particular concern was that apart from the very first meeting, FIFA sent representatives rather than stakeholding decision-makers (ECA/FIFPro). It gave the impression that agents were just there to listen whilst they simply outlined the new regulations they had already decided upon. 

A further issue that could be raised within the court cases against the new regulations is that the agents that were in attendance at these consultations were ultimately not accurately reflecting agents worldwide. FIFA selected a handful of agents from different continents to form ‘unions’ but none of the big agencies were represented. The cohort represented less than 0.5% of active global agents. This is also further proven within the agent group that has been formed by FIFA.  

The courts will also consider the suggestion that the new regulations could have a completely adverse effect from the justifications given by FIFA. There is an argument that the new agent regulations will actually create new ways around the laws and that agents will try to find different ways of getting paid. Hence, the burden may move from the club to the player in many circumstances and the losing party out of all of this could be the player. 

Potential outcomes

It is assumed that agents do not want to achieve complete immunity from regulation as a result of challenging the new Regulations in court. In reality, the aim of battling against FIFA is to protect the agency profession and ensure that unfair and legally problematic regulations are not enforceable. 

Instead of total deregulation, the desired outcome is for feasible, reasonable and practical regulations. This may mean that FIFA are legally obliged to amend their new regulation proposals. The best possible outcome is to find a ‘middle-ground’ compromise that still achieves the enhanced transparency in the agency and football industries but does not have damaging consequences for the game as a whole and for the livelihoods of working professionals, especially for players.

Summary

In summary, this is a volatile topic that is likely to have several twists and turns along the way over the next few months and maybe even years. It is expected that the legal cases will be taken seriously and there will be some extent of success in the hope of legally encouraging FIFA to revise certain objectionable elements of the new agent regulations. Any outcome that improves the agency profession is the kind of result that all parties will be hoping for rather than a botched solution which burdens players and encourages finding loopholes within the laws and therefore, malpractice that is damaging to the well-being of football.

Introduction

This week saw the UK Parliament in London meet to approve and finalise a white paper proposing the formation of an independent regulator for English football following a fan-led review. The English FA has approved of the intentions and strategy of the implementation of such a party. Many top ministers and advisers have commented on the benefits that the regulator will bring and advocate for it as a necessary amendment to protect the most important principles and history of English football. 

In this blog we will endeavour to answer some important questions around the independent regulator and to provide a concise summary which explains everything you need to know including, why it is supposedly needed, what it will actually look like and explore the possible ramifications and consequences it will have for the rest of European football. 

Why is an independent regulator needed?

Since the inception of the English Premier League in 1992, 54 clubs have been put into administration, some of which were unable to be saved and eventually folded completely. Most recently, significant clubs such as Derby County, Bury, and Macclesfield have faced particularly difficult periods and the latter two have had to completely reform. They are not alone, either. During the COVID-19 period, clubs in the Premier League and Championship (second tier) recorded a combined net debt of almost £6billion in the 2020/21 season, several teams failed to pay player and staff wages on time and many well-known clubs had a sense of vulnerability about them in a volatile financial landscape. The high numbers of administration amongst EFL clubs has often been attributed to financial mismanagement and a lack of careful commandeering of the clubs by owners, who are accused of mishandling the responsibilities they hold in caring for the club.

It is a shared feeling amongst the football fan population in the UK that there has been a growing disconnect between the clubs and the fans. Most people would agree that without the fans, football anywhere in the world would be nothing and hence, the government has decided to consider an independent regulator to shift the power to the fans to some extent. 

The fan-led review into the state of English football was conducted last year and this further emphasised the ill-feeling towards the direction in which the beautiful game was moving. Modern football in England is said to prioritise the commercialisation of the sport, attracting incredibly wealthy investors to own clubs and sponsors to bring more money into the game. Clubs have become more ‘commodities’ rather than integral parts of local communities. 

Part of the reason for the fan-led review was the European Super League controversy which involved some of the biggest clubs in England; Arsenal, Chelsea, Liverpool, Manchester United, Manchester City and Tottenham Hotspur were all a part of the first plans for the ESL. This heightened fears that the fundamental foundations of English football were under threat and it took a bold and widespread protest from fans across the country to condemn the proposal. The fans objected heavily to the idea and it was enough for the owners of these clubs to reverse their decision of joining the ESL but it was an early warning sign that indicated that something was needed to protect English football from wider dangers.

Importantly, it is not just the financial situation of the clubs and the competitions they play in that are said to have become alienated from the fans, there are other key components and decisions that makeup a club that now seem to be disconnected from the fans and drastic changes can be made arbitrarily. This includes things like changing the names of the club, their crest and their kit colours; a further danger to the historic traditions of English clubs. 

What will the regulator actually do?

There are many objectives that the independent regulator will aim to fulfil. Arguably the most important of these is to bring some extent of power back to the fans and to reposition them as the core and heartbeat of their local football clubs that they dedicate their own time, money and emotion to. In doing this, the regulator aims to safeguard clubs from the risk of administration.

The first part of this change to the UK football landscape is to remodel the ‘directors and owners’ proper persons test’. A form of this test is already in place that ensures any owners and club directors do not have a criminal record, any history of bankruptcy nor any illegal involvement in other areas of football. However, the current test is very surface-level and doesn’t go into any kind of extensive depth in scrutinising prospective club owners and directors. The independent regulator is going to change this. Moving forward, the Directors and Owners test will carry out far stronger due diligence on the source of wealth of individuals that are looking to run an English football club and will require them to not only demonstrate robust financial stability and planning but they will also have to present sound business models for the club in question. This will be seen as a ‘licensing system’ for owners and directors in order for them to qualify to take over a club. 

If the individual is approved as a new owner or director of the club, the independent regulator will also implement measures to ensure that the power they are granted over the club avoids disconnecting the fans. Fans will be given their own voice in the strategic running of their club. For example, it has already been stated that one area in which fans will be properly consulted is in the sale and relocation of club stadiums which will then have to be further approved by the independent regulator. The hope is that this will reduce the sense of commodification and overcommercialisation of clubs and highlight their cultural value whilst reinforcing their longstanding heritage within the English football pyramid.

The independent regulator is also making additional considerations concerning the VISA system for English football and the attractiveness to global talents. This will be devised and amended with a priority on developing and supporting the improvement of young domestic players at the forefront. 

What does this mean for the rest of Europe?

The integrity of English football competition was brought into question when several major clubs agreed to be a part of the new plans for an exclusive and closed European Super League. Hence, one of the core principles being advocated as part of the Independent Regulator’s plans for the future is that they will possess the ability to block clubs from joining any further attempts to create a European super League or any equivalent projects. 

This is significant not just for the protection of English football but it also has knock-on ramifications and consequences for other major European leagues, clubs and football associations. Without some of the biggest, most decorated and global clubs in football such as Manchester United and Liverpool, any form of European breakaway league will struggle to ever establish itself. The independent regulator prohibiting these clubs even considering joining such a league protects English football and perhaps even European football leagues who may follow suit.

Conclusion

To summarise, it remains to be seen what impact an independent will have on the English football landscape. Fans losing touch with their beloved club is a valid concern in the modern football climate and the government believes that redistributing power away from owners will reconnect fans with their local community football clubs and allow them to have an adequate voice in its future which may be integral to safeguarding the English football pyramid.  

Introduction

The average career-span of an ‘elite player’ (i.e. one who plays in the top global divisions) is difficult to measure but is estimated to be around eight years, with a peak performance occurring at around the ages of 24 to 28, although once again, this varies on a case-by-case basis. However, in reality this estimation seems distorted as it seems to only account for a select, exclusive demographic of football players. For many hoping to make it into the classification of an ‘elite’ player, their careers are often tainted by a variety of factors.

In this blog, we will assess an interesting pattern that seems to be emerging in modern football; a distinct correlation between the increasing volume of games that a player will play each year and the frequency with which injuries, often of increased severity, are occuring. Perhaps this would be best explained within a lengthy scientific study detailing the exact data and figures behind the theory but for now, we will attempt to outline the general overview of what seems to be happening and the effect on both youth football and the top level of the game.

Youth Football and Injuries

The frank reality of the cutthroat business of youth football is that many young stars who demonstrate high potential during their youth development, will ultimately fail to succeed at the top level. One of the biggest causes of this is injuries. Many youth players are unfortunate enough to suffer from injury problems throughout their development and physical growth, which ultimately prevents them from fulfilling their potential.

Youth football is an intense environment and most of these youngsters have a lot of pressure put upon them to perform and to earn themselves an opportunity as a professional footballer. As with almost any physically active adolescent, growing pains can be a big hindrance. However, youth footballers are often fearful of showing weakness and asking to rest as it may tarnish the opinion of their coach and damage their chances of success in the academy system. Hence, many players will battle through and continue to play despite muscle growth problems. This can worsen the issue and many youth players lack an understanding of their body and its maturation processes, eventually creating a worse outcome and long-term ‘niggles’ or injuries.

It is also not too uncommon for youth players to suffer serious injuries that are always a risk from playing football and which I will explore in the next chapter. When considering how and why injuries are affecting those at the top, it is also important to remember that a lot of the general themes, injuries and issues, are replicated in youth football just as much.

Injuries and Causes

There are plenty of examples of what would be considered ‘typical’ injuries for footballers; Anterior Cruciate Ligament ruptures perhaps being the most infamous, as well as broken legs or ankles, and other common injuries that rule players out for shorter periods such as muscle tears, strains, or ‘pulls’ in calves, thighs, hamstrings, groins, achilles and sometimes even upper body parts.

Our view is that these are becoming more frequent problems for football players and we believe that the simple explanation as to why is that the rising number of games and intensity of training that these players are now demanded to participate in, increases the risk posed by injury.

In every competition in global football, there seems to be a reality that the number of games per year is increasing. For example, some leagues require teams to play on a Saturday and then a Tuesday almost every week. In other cases, one league may play once a week but then the teams will also participate in a cup competition which is played during the midweek. It is also important to remember that usually half of these fixtures are ‘away’ from home, and will involve a lot of travelling and mental or physical exertion.

This places a heavy demand on not only the player’s mentality, but also, physically and their body is required to perform at an optimum level with insufficient recovery time.  Fitness and conditioning can only go so far. These players, although some may seem it, are not superhumans and their muscles, joints, brains, bones and ligaments are subject to intense demands which can lead to injury.

The evidence of this rise is demonstrated when we consider how many games some global superstars have played over the last few years. In the 2016-17 season, Bernardo Silva and Joao Moutinho played a total of 67 games for club and country (both Portugal). In 2020-21, Bruno Fernandes played 73 games and was closely followed by Mason Mount with 69, several of which went to extra time in cup competitions. In the same year, the 18-year-old Pedri, exemplified the issue. Having featured for Barcelona in Spanish domestic competitions and the Champions League, he then represented his country Spain at the 2020 Euros, and then again at the Tokyo Olympics, amassing 73 games to equal Fernandes’ record. It was little surprise to see that Pedri was then forced to miss the beginning of the 2021-22 season with a thigh muscle injury having had almost no time off from football before the season began.

These top clubs have access to the highest standard of medical care, employ teams of doctors and physios and have scientific knowledge and studies behind them to ensure they give their players the best chance of staying healthy. However, for teams that may play 4 times in 9 days during the Christmas period or perhaps in London on a Sunday, Munich on a Wednesday and Newcastle on the next Saturday, it has to be impossible for players to be 100% fit. There is an expectation on the modern footballer that they will be able to ‘play through’ knocks and niggles although this leads them vulnerable to worsening the problem and being sidelined for a significant period of time, perhaps during the so-called ‘peak’ years of their career.

All things considered, it is extraordinary that someone like Lionel Messi has averaged 51 club appearances every season between 2008 and the present day at Barcelona previously and now Paris Saint Germain. Not only is the number of games impressive but also to have performed at a ‘world-best standard’, collecting seven Ballon d’Or awards during this time, makes the feat even more remarkable. On top of the club appearances, he has also been the ‘main man’ for his country, recently winning the World Cup and has dealt with the excessive pressure incredibly well.

Not everyone is as fortunate as to be so injury free and consistent in their performances. For every player who enjoys a lengthy career at the top of their game, there are hundreds that fall short due to repetitive injury problems and being unable to return to their best following severe injuries, surgeries and other complications.

Head Injuries

One topic which is widely spoken about in modern football and modern sport in general and is worth mentioning here, is the risk of head injuries such as concussion that can impact the later life of a player. For example, referees are now required to immediately stop play if they believe a head injury has occurred as it is not unheard of for severe concussions to have immediate disastrous effects on a player.

Head collisions are commonplace in football and even heading a ball has been scrutinised by football’s governing bodies with an increasing sensitivity towards the health and wellbeing of the players. At grassroots level, there have even been trials of new rules which forbid the heading of a ball as it has been scientifically linked with brain deterioration in later life for individuals who played a lot of football.

Whilst this may be an unrealistic and drastic change to football, there is still plenty to be done to mitigate against the extent of head injuries and concussions in football, as well as the other physical injuries mentioned in the previous section.

Summary

The world of football is known for its cutthroat and brutal nature. However, despite the financial status, commercial attraction and ever-increasing popularity of the sport, there are issues within the game that are causing a rise in the frequency of injuries to players. It is important to remember that the players are a key component of the success of the sport of football and their health, wellbeing and safety should be considered in the highest regard.

Introduction

The impact of the new FIFA Agent Regulations, implemented in January 2023, will be widespread across many different aspects of modern football. One shifting pattern that has begun to emerge in recent times but may be accelerated in light of the new regulations is that of the transition of typical player agents into roles at football clubs, either in executive positions such as Directors of Football, Technical Directors and Sporting Directors; or they become a club agent, providing their representation services to clubs rather than to players or multiple representation. It is expected that agents will continue to focus more on representing clubs as favourable to players. This creates two further categories of agents; ‘brokering agents’ who represent clubs, then agents who come to work within clubs as a board member. Player agents may gradually become a less popular and attractive category proposition.

In this blog, we will shed a light on this emerging trend and consider how it may continue to become a popular transition for agents moving forward. As well as the FIFA commission caps, there are other motivating factors for agents that may lead them to make such a career adaptation.

The Opportunity for Agents to Represent Clubs

This is not an entirely new concept and representing clubs has never presented more of an intriguing opportunity for agents. An increasing population of registered agents are acting on behalf of clubs in football transactions in recent times, even before the changes in the FIFA regulations. This is reinforced in FIFA’s 2022 intermediary report which showed a 22.4% increase from 2021. 7.6% of all transfers involved an intermediary acting on behalf of the buying club. This is shown in the graphic below:

Significantly, the report also goes on to say that almost 60% of high value transfers (over $5million) involved a buying club agent. Currently, the national associations that use and spend the most on club agents for the highest proportion of transfers are in England ($188.8m), Italy ($72.1m), Germany ($45.9m), Spain ($35.6m) and although the fees are not as high, a high proportion of transfers in Denmark and Austria involve an agent representing the buying club.

A similar figure was reported for agents acting on behalf of the selling club if the player is not a free agent. This is a practice that is most common in Italy, Serbia, France and Colombia. Of the transfers that involved a fee, 6.1% had an agent acting on behalf of the selling club as shown below:

It is also encouraging for agents that the level of expenditure of clubs upon agents acting on their behalf whether buying or selling is returning the the financial levels pre-COVID-19-pandemic as shown below in USD:

Being a Club Agent

A club agent will usually be an individual that has had a preexisting trusted relationship with the club which they come to represent. Agents who have this kind of relationship with a club, multiple clubs, or different members of boards of directors, will be given highly sensitive information and specific targets and tasked with finding players and options that fulfill the demands and requests of the club. They will then pursue a possible deal to bring in the kind of player that the club are looking for or to find a new club for a player that the club no longer requires or wants to profit from.

Club agents play more of a ‘broker’ role. In other words, they are given responsibility by the club to mediate and broker a deal to secure a transfer target or a successful sale of a player. Hence, this may be more difficult for agents who are in the early stages of their career. Those that are acting on behalf of clubs are more commonly experienced and established agents who have built strong relationships with clubs over a longer period of time.

Perhaps the primary motivation behind acting on behalf of a club has changed since the introduction of the new FIFA agent regulations, and particularly the hard commission caps. Agents may be financially incentivised to seek to represent the selling (releasing) club in deals as it is possible to get 10% of the transfer compensation rather than a smaller percentage (3%) of the player’s individual remuneration if they were to act on behalf of the player or the buying club. However, agents may also wish to work on behalf of the buying club as well as a player as this remains the only permitted form of multiple representation and can double the percentage of commission they are entitled to (6%).

For agents who focus solely on the club side, they are also relieved of additional responsibilities and challenges involved with representing players. They are no longer required to provide a 24/7 duty of care and attention to their clients which includes completing every day administrational tasks to satisfy the player. Instead, these agents prefer to concentrate purely on their relationships with clubs and the possibilities of deals in the future.

Becoming a Club Executive

Some agents can go one step further than simply representing a club as a client. Something that may become more commonplace is agents switching to sporting/football roles at clubs such as technical directors, sporting directors, directors of football, heads of recruitment or whichever terminology a club uses. This seems a straightforward career path once we consider the breadth of skill-set and attributes that successful agents possess.

Part of being an agent involves having an in-depth understanding of football clubs; specifically their squad and personnel structure, business model, transfer strategy, tactical approach, reputation/status, facilities, financial position and overall identity. This is the same theme of expertise that is required of someone who takes on the role as a Sporting Director of a football club.

Ultimately, Sporting Directors and similar roles within a club do a very similar role to agents in terms of identifying recruitment targets and finding ways to bring about a favourable deal. What sets it apart from agency and perhaps makes it a more attractive opportunity is that there is no cap on the money which a club executive can earn and the role often comes with lucrative bonus payments as a percentage of transfers and player wages. It is a contemporary and unrestricted method of earning money through transfers.

This side of the industry is accessible to agents who have built up connections, relationships and a level of trust with these clubs and the existing executives and staff. Although there may be difficulties that arise from conflicts of interest, as long as an agent can show they no longer have a vested interest in players or clients, it is possible to make this career change.

It presents an opportunity to agents to experience a slightly different side of the football world, through the lens of the club. Many agents may be tempted by such a role if they have the relationships in place to secure it. In the ever-changing world of football agents and the regulations governing us, perhaps this is a more secure and guaranteed pathway that can benefit agents who have already established themself in their career.

Summary

As part of the evolving industry and specifically in the agency profession, new opportunities, patterns and emerging trends are growing and becoming increasingly popular for agents to transition into slightly alternative roles. Representing a club is a unique opportunity for the agents that have good relationships with clubs that have been built up over their careers. However, some agents may also take a step away from agency and take on a new, but somewhat similar role, as an executive Sporting Director or equivalent.