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    A Modern Investment: Footballers and the Rising Appeal of Non-Fungible Tokens and Cryptocurrency

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    Introduction

              The chances are you may have heard or seen the acronym ‘NFT’ in some capacity and almost certainly it has been impossible to avoid the term ‘Cryptocurrency’. For many, these can be daunting and futuristic sectors whilst for others, they have created a new obsession and fascination and have become a part of their lives. One area that these concepts have integrated into is the World of Football and soccer.

              The theme is mirrored within football too; some players have so far avoided becoming involved in such an area as they view it as a riskful, unknown entity. For others, especially those in the fortunate position of financial comfort, these sectors present an exciting modern opportunity away from the football pitch.

              In this blog, I will endeavour to help you as the reader to comprehend not just what NFTs and Cryptocurrency are but also, more specifically, I will explain their applicability to and place within football. I will include a case study of how a footballer can benefit from these areas as well as considering the risks involved, as is the case to some extent with any investment.

    What are NFTs?

              To simplify the idea, imagine buying a piece of art. However, this art happens to only be available digitally. On a purpose-built network you are able to purchase and sell the ‘data’ that makes up this piece of art. There is only one very specific data coding that creates this officially authenticated version of the art. Therefore, you will be the sole owner of this piece of art and any copies that are made of it will not be the ‘official’ version. This can be an investment as this piece of digital art may rise in value and can be sold on for profit to interested buyers. Another way to think about this concept is to imagine they are similar to football trading cards that you may have collected before, with the caveat that only one person can have each card in the world and that the card is digital.

              The graph below demonstrates the rise of NFTs since the beginning of 2021 to give you an idea of why it has suddenly become such a major discussion point:

    Source: Dune

    What About Cryptocurrency?

              Cryptocurrency is a slightly older concept than NFTs. You have most likely heard people, news platforms or social media discussing the likes of Bitcoin, the infamous Dogecoin, and Ethereum, amongst others, since the beginning of the last decade. Crypto, as it is often referred to, comes under many titles or ‘coins’ as digital currency which can be bought and sold. Just like any currency around the world, the different crypto ‘coins’ can rise and fall in value. The medium of exchange for cryptocurrency is only through a digital network where all transactions pass through rather than via a bank or other institution.

    NFTs and Crypto in Football

              I have decided to cover both of these concepts within this single blog as they are both interlinked. Often, NFTs are purchased using Cryptocurrency such as Ethereum. Footballers, particularly those at the top, are in a position financially and socially to get ahead in these markets. These sectors present a new and exciting opportunity for investing their money into.

    For NFTs, players can leverage their public following and fanbase to increase the value of their digital art and produce a successful investment, made financially possible from their high salaries at the top level. NFTs can certainly be a significant financial opportunity as some can be worth enormous amounts. Players may pay hundreds-of-thousands of pounds, dollars or euros to secure a piece of digital art, in the hope that it will rise in value.

              The most common area of NTFs that players engage with is known as ‘Bored Ape Yacht Club’ and you may have seen this in the form of well-known players changing their social media icons to a cartoon ape. These include current and retired footballers such as Bobby Zamora, Tammy Abrahm, Reece James, Ashley Cole, Trent Alexander-Arnold and John Terry. The BAYC, as it is abbreviated to, uses Ethereum and charges a minimum of £163,000 for one of its specific ‘bored ape’ icons.

              The record sale for a football player is Mesut Ozil who sold a single piece for £75,000. Elsewhere, an Mbappe GIF is believed to have sold for £47,000. Paul Pogba has purchased ‘NFT eggs’ and has partnered with the Cryptodragons Project as an official ambassador. This is a rising theme in football as the likes of Antoine Griezmann, Gerard Pique and Rio Ferdinand have also invested into various platforms that deal with NFTs or Cryptocurrency. It presents another off-field opportunity during and post-career to partner and collaborate with a modern and unique commercial endorsement.         

              It isn’t just players either; clubs are also engaging with these sectors. Seventeen Premier League clubs currently have commercial deals with a Cryptocurrency company and so do Paris Saint Germain and UEFA – a true sign that this digital phenomenon is firmly embedded into football. Even clubs like Southampton and Championship team Watford, sport Cryptocurrency platforms as their front-of-shirt sponsor. Another argument in favour of these concepts is that they are a new space to engage with fans around the world through a new and exciting medium.

              The table below shows just how valuable some of these deals can be for football associations and clubs in 2022:

    Source: Mondaq

    Case Study: Mesut Özil

              My client, Mesut Özil, has been a successful pioneer in these sectors for football. As well as holding the record sale for a player, he was also the very first individual across any sport to create NFT ‘genies’, an idea that was only otherwise previously emulated by Justin Bieber and Cardi B. These avatars were similar to the concept of ‘bitmojis’ and had its own digital custom clothing range. This generated enormous interest and goes to show the influence and impact that top-level football players collaborating with digital platforms such as NFTs and Cryptocurrency can have globally. The range sold out in 6.7 minutes and generated over $500,000, demonstrating Özil’s global reach and fanbase. To acknowledge this extraordinary achievement he wore the number 67 after his move to Fenerbahce.

              Özil also formulated the idea of selling 1% of his ownership stake in Mexican football club, Club Necaxa, to the public and the fans through digital NFTs. An exciting opportunity for fan engagement which was unfortunately blocked by the Mexican Football Federation although it is possible that this may be an indication as to the direction in which football is going alongside NFTs and Cryptocurrency.

    The Risks Involved

              This section differs little from any that may be written about investments of any kind. Particularly in Cryptocurrency and NFTs, the market is highly volatile. These are modern concepts that are still unknown entities to an extent. Furthermore, the regulations and laws governing the markets are not fully formed nor comprehensive. This means that there are many aspects of these sectors that create risks for those investing within it. Players may be in the fortunate position of financial stability and can afford to take such a risk but they must be aware of this before investing.

              Another risk that players and their agents ought to be aware of is rogue coin-creators who pitch an idea to a player and try to take advantage of their popularity in the public eye. These creators will make some quick money from the players building hype as ambassadors before exiting with their own profit, leaving the player behind. This is sometimes referred to as the “pump and dump” concept, using false and misleading information and using a players face to inflate the value of their coin and creating what is known as a ‘buying frenzy’ before selling their own shares. The most infamous sports example of this involved Floyd Mayweather allegedly being a part of a pump and dump scheme with the EthereumMax coin. These scams must be avoided if possible and due diligence and research is imperative in order to mitigate against the risk of entering such deals.  

              There is a similar risk with smaller clubs who relied upon cryptocurrency and coins as an important stream of income, particularly over the last couple of years and during COVID. Many cryptocurrency companies failed to compensate these clubs as they were obliged to and no money was received. This caused a significant and unexpected void in the predicted sponsorship finances for these clubs. As this industry is unregulated it does mean that instances such as this are a risk for those in sport and in football that engage with this sector.

              The Cryptocurrency market alone has experienced a 500% growth during the years of COVID-19 and this is likely to continue to rise. Whilst this presents a significant financial opportunity and the possibility of dramatic investment returns, it also raises the level of risk of the loss of money. After all, this is a modern form of speculative trading and profit is never guaranteed. The graph below shows the extraordinary rise and also the possibility of loss of cryptocurrency since 2015:

    Source: CoinGecko

    Summary

              In this modern era of football, Cryptocurrency and NFTs are certainly something one should be aware of, and not just in the football sector. They may be slightly alien concepts still but their continuing rise in society is unavoidable and hopefully this blog provides some understanding as to their place within football. Players and clubs will engage more and more with these sectors and the extent to which they will become an integral part of the world of football is still unpredictable. Watch this space!

    Not Just a Boot Deal: The Commercial, Financial Importance and Future of Boot Deals for Football

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    Introduction

    This may well be the third episode in this series but this must not be understood to mean that boot deals fall lower down on the priority list for agents to manufacture and for the commercial opportunities for a player. In reality, boot deals are arguably the most important sponsorship contract that a player will sign and that an agent will negotiate. It is also the most common. As I will go on to explain, usually all high-level professionals, even some semi-pro footballers, will have some kind of boot deal or arrangement during their playing career.

    This may well be the third episode in this series but this must not be understood to mean that boot deals fall lower down on the priority list for agents to manufacture and for the commercial opportunities for a player. In reality, boot deals are arguably the most important sponsorship contract that a player will sign and that an agent will negotiate. It is also the most common. As I will go on to explain, usually all high-level professionals, even some semi-pro footballers, will have some kind of boot deal or arrangement during their playing career.

    In this blog I will analyse boot deals and their true significance. I will aim to assess different clauses that can become a part of more complicated boot deals depending on the player that is being sponsored and the lucrative remuneration that can arise alongside it. These are of particular importance to agents to understand and ensure they achieve the best deal for their client. The blog will also outline some of the further extensions of boot deals that can become a part of a treasured boot deal for the top players.

    What is a Boot Deal?

    The term is fairly self-explanatory. Put simply, it refers to a deal that is made between a player and a boot manufacturer in order to supply the player with boots. This also often includes shinpads and, in the case of goalkeepers, gloves. Of course, as with almost all contracts in football, it can become far more complicated than this.

    First and foremost, it is important to understand that boot deals span far across the world of football. The majority of players at a professional level will have a boot deal unless they have deliberately chosen not to, all will at least have been offered or approached for one. Even several semi-professional footballers will have a boot deal of some kind. This may be what is known as a ‘boot supply deal’ where, for example, one or two pairs of boots are provided per season free of charge but with no additional monetary fee paid to the player.

    In top level football, however, these deals can be enormously lucrative as well as providing a new pair of boots every few weeks if the player so desires. Furthermore, and arguably more importantly, for a player it is vital that their agent finds a deal with a boot manufacturer that they are comfortable with wearing and can perform to the best of their ability in. This can also include ensuring their boots are customised to perfectly suit their performance. For example, James Milner had special support plates fitted into his boots to soften impact. Other examples include customised stud structures and specially personalised laces. These are all nuanced aspects of boot deals that can be negotiated and implemented.

    The deals can be made via negotiation from the boot manufacturer with the player’s agent. However, more common is for a player’s agent to delegate this responsibility to a commercial team or lawyers that specialise in commercial contracts. The contracts themselves are complicated and can include an array of clauses such as performance-based add-ons on top of a fixed ‘base’ sponsorship compensation. This may include terms such as bonuses for televised appearances for the player’s club or country; the percentage of minutes they play per game; the category of the club for which they play for and whether or not they are competing in international and continental competitions such as the UEFA Champions League.

    One point to note for boot deals is the concept of exclusivity which we analysed in last week’s blog. Some of the biggest boot-manufacturing brands will also have their own wider range of sports apparel, accessories and other equipment. This can create issues when boot deals cause unintended limitations to other commercial opportunities that a player might have. Namely companies such as Nike, Adidas, Puma, Underarmour and New Balance will include exclusivity clauses within boot deals that binds the player to a full ambassadorial role to promote not just the boots, shinpads and playing kit but also leisurewear and accessories from headphones to watches to backpacks (see last week’s blog). Agents must note this when they are negotiating these deals to ensure that, if the player does have broader obligations of exclusivity to the brand that is providing them with a boot deal, then they must be appropriately and sufficiently remunerated.

    Exclusivity is an important factor in boot deals. Often there are disputes that result in percentage losses for players if, for example, they are playing for an Adidas sponsored club whilst in a boot deal with Nike. This gives them less financial leverage when negotiating a boot deal. However, for a player like Harry Kane who plays for club and country sponsored by Nike as well as having a Nike deal himself. This puts him in a great position to negotiate a higher compensation fee for his boot deal.

    Some players avoid this problem and will oppose boot deals by choosing to be free from being contractually tied down to a singular boot-manufacturer. They would prefer to have the freedom of choice to wear whichever boots they like the most or may even design their own boot brand. Usually, the temptation of the financial reward of a boot deal is too strong but it has been known for players to prefer to opt out of a boot deal. The most well-known examples of this are Dani Alves and Mesut Ozil; the latter went on to create their own distinctive boot collaboration with Concave.

    In this section we can see that boot deals can be separated into three ‘categories’ which I will summarise below:

    1. A supply contract:
      A common form of boot deal for youth or lower league semi-professionals. If we consider that a youth player or their parents must source around £250 per pair of top quality boots, this is a significant expense each year. Brands or the agents themselves will usually assist with this by providing supply contracts to distribute boots to upcoming players. This could be a good opportunity for agents to show the player what they can provide and to build a relationship. The brand may also be willing to include other bits of sports apparel such as tracksuits.

    2. Boots + Budget:
      The next step up also does not include a sponsorship fee for the player. Instead, players will be given complimentary boots as per a supply contract, as well as a non-cash budget for the brand. For exciting young players this may be between £5,000 and £10,000 to spend on the wider range that the brand sells from trainers to caps and other apparel. This type of contract may occur for a player who has signed their first professional contract or is playing in the middle divisions of national football.

    3. Full Sponsorship Boot Deal:
      For the top players, this kind of deal involves a cash fee as remuneration on top of free boots and a higher budget to spend with the manufacturer. The value of this sponsorship deal depends on the categorisation of the club for which the player plays which are ranked as a, b, c, and d. The categorisation varies according to the exposure the club receives. For example, when Mesut Ozil was at Real Madrid, they were competing in one of Europe’s top leagues, on television every week and competing in the Champions League. They were an obvious category A club. This was the same when he moved to Arsenal although since Arsenal are now no longer in the Champions League they have become a category B club. This can ultimately affect the transfer of players between clubs as it could cause a large financial loss to the player. For example, a category A club player may have a contract for £2million annually from their boot deal but if they move to a category B club, as per the terms stated in their contract, this may be halved or even quartered! Agents should be aware of this when considering whether a transfer is the right option for their client.

    The graphic below shows the distribution of boots and hence, boot deals, across the English Premier League:

    A Financial Boost

    As mentioned in the previous section, boot deals can be lucrative, particularly so for the top players with the greatest public presence and commercial acumen. These top-end boot deals incorporate the image rights agreements that we discussed last week and will include clauses for players that bind them to appearing in photoshoots, doing personal public appearances, posting on social media and other brand activations. Brands are willing to invest significant sums into these contracts to have the biggest names in football donning their boots in globally televised football games. The biggest boot deals (per annum) are shown in the graphic below and I have provided a summary of the notable top-four beneath:

    • The £23million-a-year that Puma agreed to pay to Neymar to convince him away from Nike is the world record for a boot deal. It was, and still is, an eleven-year contract which has provided Neymar with long-term financial comfort. Part of this deal was Neymar’s own boot line named the Future Z range, a personalised collaboration that some of the world’s biggest players will have the opportunity of engaging with. Neymar publicly spoke about how Puma had appealed to him due to the legacy of players such as Johan Cruyff and Diego Maradona as well as Brazilian compatriots, Pele and Eusebio; who were all major ambassadors of the Puma brand.

    • Lionel Messi is second with an £18million annual deal with Adidas and was the first footballer to collaborate with their boot sponsor to form a sub-brand, namely Adidas Messi. It is the same form of collaboration as the now worldwide iconic Air Jordan brand and may reap the same rewards once Messi has retired. The Argentinian seven-time Ballon d’Or winner was also the first footballer to sign a lifetime contract as part of their boot deal.

    • It may surprise some that Cristiano Ronaldo, AKA CR7, is third on the list with a £15million fee per annum with Nike. However, his lifetime deal is valued at an enormous £780million and he was Nike’s third athlete to sign such a deal following the decent company of Lebron James and Michael Jordan.

    • Finally, Kylian Mbappe has signed a £140million deal with Nike over ten years. As a young player with years ahead of him, most likely spent at the very top of football, he is positioned to be the face of Nike, particularly once CR7 has retired.

    As we can see from the above examples, boot deals of this magnitude are often long-term deals as this provides great financial security to the players and attracts the biggest names to these brands. It would be an impossible risk and unfeasible investment for any smaller brand but the biggest world-renowned brands that can afford to commit such a large sum of money commit themselves to these players to help keep themselves at the top of the industry.

    In these cases, there are also often collaborations between the player and the manufacturer that will release a range that is directly affiliated with and usually named after their top endorsed athletes. As well as their usual release of new boots every year or so, these collaborations will be uniquely designed and promoted and royalties will be paid directly to the player as part of their deal.

    The Future of Boot Deals

    I believe and predict that the future of boot deals is altered from the modern situation we currently see. It makes sense to me that more and more players will move away from the contractual obligations that arise with boot deals. In the modern era, footballers have become celebrities and influencers and can develop their personal brands through social media and otherwise. The ability of players to grow, develop and promote their own personal brand is significantly restricted by signing a boot deal with a single brand.

    Players like Alves and Ozil may slowly become more of the norm by removing boot deal contracts and giving themselves more freedom. The biggest names will instead create their own brand and enter into agreements with manufacturers. For example, Mesut Ozil’s M10 brand now has a contract with manufacturer, Concave, in order to design and sell his own range of boots. A consequence of this may be that brands offer larger sums for boot deals to convince players to stay but in the age of personal brands, it will most likely make more social and financial sense for the biggest players to go their own way through their personal brands. Rather than being contractually obliged to always wear a single brand in all of their apparel and accessories, they will be able to express themselves and their personal brand freely.

    Do you recognise any of these player brands below?

    Summary

    Boot deals are the most common form of off-pitch opportunity for players. They are a form of commercial deal that almost all professional football players will have during their career. It is vital for agents to have an in-depth comprehension of different clauses, important points to note, potential hiccups and unique extensions that arise with boot deals. If managed correctly, they can be a significant source of income for the player and should be regarded with great value and importance. However, the future of boot deals may look slightly different and instead manufacturers may strike agreements with personal brands of the biggest players in order to release a personal range without forcing them to engage with other contractual clauses which restrict them.

    It is also important to note that whilst boots are an important aspect of a sports manufacturer’s business, they are not their biggest income generator. Companies such as Nike, Adidas, Puma, Underarmour and New Balance make the most financial reward from selling trainers which are worn by everyone around the world, including non-football fans. However, boot deals are struck to use footballers as promotional celebrities in order to push out the brand and simultaneously generate further sales of trainers and their other apparel.

    Image Rights Agreements and the Issue of Sponsorship Exclusivity in Football

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    Introduction

                Last week we began to understand that football players in their own right can carry considerable commercial value. In the cases of some of the top stars, they are more influential and have a greater following than the clubs they play for. The impact of this is that the clubs can utilise the status of their star players to enhance their commercial revenue. As the graph below shows, the clubs that generate the greatest revenue are also associated with the most lucrative sponsorship deals which contribute
    large sums to their finances. However, the wide variety of partners that sponsor the clubs, from airlines to beverages to watches to cars, often do so, not on the basis of the club alone, but because particular globally recognisable and marketable members of the squad can become the faces of their advertising campaigns. Hence, there must be an arrangement and contract in place between the club and the player that sets out the extent to which the club can ‘use’ their image to attract these kinds of sponsorships.

                In this blog I will examine the concept of Image Rights Agreements and their influence upon player contracts and their income. I will also outline the complications that this may cause such as exclusivity clashes and difficulties in agreeing upon off-field image contracts to the extent that a transfer negotiation may fall through as a result.

    What is an Image Rights Agreement?

                Image Rights Agreements are a relatively new addition to football contracts. They have risen as a result of the growing commercialisation and marketability of football players in the age of social media influencing, global recognition and lucrative sponsorships of clubs. These agreements are made in order to protect the players right to receive an income from the use of the personal attributes. Image Rights Agreements, therefore, provide a mechanism for which clubs can remunerate players for their off-pitch commercial activities with sponsors associated with the club which benefits the club itself commercially and financially.

                The endorsement of products and the players’ involvement in any kind of marketing affiliated with the club for which they play can vary greatly. Players often appear in television advertisements, on billboards and can be seen posing in or with a range of endorsed products. Image Rights Agreements also incorporate the use of the player and their image for activities such as photo shoots in the new season kit of the club or other official merchandise and teamwear and the permissibility of distributing
    these images across the club’s social media channels.

                Many things can affect the value of a player’s image. It is important to note that the ‘image’ of a player refers to a broad scope. This includes; their face, haircut, voice, nickname, autograph, squad number and any other ‘trademark’ characteristics they might possess. Their following, publicity, reputation, personality, fame, status and personal fan-base then further influences the value of their image. For example, an airline company, in this case Emirates, that is an official vehicle partner of a major club such as Arsenal, is more prone to be interested in using the most recognisable faces of
    the club in their campaigns. Let’s say, for the sake of this example, that Bukayo Saka was requested by Emirates to be a part of their latest advertisement, Arsenal would be able to call upon Saka for his services through their image rights agreement and a license they will have obtained. This license is obtained through demonstrating that the provision of Saka’s image to the sponsor is commercially viable and generates additional income for the club.

                On Saka’s side, the young English star will most likely have set up his own Image Rights Company. This is commonplace for players of this stature. The players sell their image rights to the company which will then be entitled to a fee directly from (in this case) Arsenal for the use of Saka’s image. The benefits of this is that the money received directly from the club will only be taxed at a company rate of 19% rather than included in a player’s 45% income tax if it were to be paid directly to Saka. Further tax
    may be paid at a future date once the player takes the money out of the company but it is most likely to be kept there and can be seen as security savings for once a player retires.

                The agreement with the image rights company will have been set out when the player signs with the club in their employment contract. This avoids legal complications and sets out the parameters the clubs can use in exploiting the image of their star players. However, in some instances, disputes over image rights agreements can be a decisive factor in signing for a club. This was the case in 2019 when it seemed Paulo Dybala was set to transfer to Tottenham Hotspur in the English Premier League. Ultimately, the deal collapsed as a result of a failure to agree upon image rights clauses. Despite being irrelevant to the football on the pitch that a club is signing the player to play, in the modern era of commercialised football, it is interesting that image rights can take on a significant role in contract negotiations.

    Exclusivity and The Issues That Can Arise

                Exclusivity is a fairly straightforward term to comprehend. It refers to the idea that a player or a club that enters into an endorsement contract will likely have agreed to exclusivity to that product or brand. In other words, partnering with a certain brand or company will simultaneously prevent a similar agreement taking place between the same party and a rival company and therefore prevents the sponsored party from publicly promoting their products. The most prevalent example of this in football is
    between the two sports apparel giants, Nike and Adidas. Evidently, a player or club that is partnered with or sponsored by one is not permitted to advertise or even use the products of a rival company.

                In more complex cases, exclusivity can also apply to things like using headphones, watches, leisurewear, cars and hats of a certain brand which sponsors a player. This can make things difficult and restricts what a player can and can’t do; it is something they must be wary of when negotiating and signing an endorsement contract. Nonetheless, this may explain why you are unlikely to ever see Lionel Messi drinking Coke, Raheem Sterling shaving with a non-Gillette razor or Joe Hart using any shampoo other than Head & Shoulders!

                The issue with exclusivity arises when there is an obvious clash and contradiction between a player and the club for which they are signed. A useful case study to understand this is Lionel Messi. Unbeknownst to some, the Argentinian was actually sponsored by Nike from the age of 14 and even made his Barcelona debut donning Nike boots. However, in 2006, after Adidas offered around double the annual fee that Nike were currently paying, Messi switched to the rivals and he was perfectly within his right to do so. Nonetheless, this caused a commercial problem with legal, contractual implications as Barcelona’s primary sponsor was Nike. This is where exclusivity gets complicated.

                Once more, the same situation is repeating itself at Paris Saint-Germain who are also sponsored by Nike and their 2022/23 kit is labelled with the ‘Air Jordan’ emblem. In the photoshoots of the new kit, as a global star, Messi was obviously used to promote the teamwear. This is only possible as there are certain exceptions to exclusivity clauses that permit players to wear the brand of rivals if necessary in line with their club. This has to be the case or Messi wouldn’t be able to wear a PSG shirt every weekend!
    However, measures are still taken to ensure there is not a breach of an exclusive contract, in this case, the one that Nike has with the French club. In the photos from the PSG kit shoot, which can be viewed online, obvious efforts are made to hide Messi’s boots (which are presumably Adidas) from display and to ensure the images are not seen to be promoting their rivals as well. Fortunately for Messi, Argentina are sponsored by Adidas so it is more straightforward for him on the International stage.

                The sole purpose of exclusivity is that a player must not be seen to be wearing or using and obviously promoting a rival brand, but it becomes more complicated once club partnerships are considered. This has impacted major stars such as Cristiano Ronaldo (Nike) at Real Madrid (Adidas) and even for managers such as Jose Mourinho (Jaguar) who experienced issues as manager of Manchester United who were affiliated with Chevrolet as their Official Vehicle Partner.
     
               To give you a sense of the influence that these players can have and why the exclusivity clauses are so important to the sponsors; it is estimated that Cristiano Ronaldo generated approximated $216million in additional value for his sponsor’s rivals Adidas simply by sporting it as part of his Real Madrid kit. Messi returned the favour himself and it is suggested that as he wore the Nike kit of Barcelona, he contributed
    around $110million in value to Adidas’ rivals. So, despite the best efforts of the company to maximise exclusivity, the impact of such global stars still having to wear the rival’s brand is strongly felt. Hence, brands will do all they can to ensure that the exclusivity clause is applicable in as many circumstances as is reasonably enforceable.

    Summary

                This blog has hopefully provided you with a useful overview and understanding of two important aspects associated with the off-pitch commercial opportunities for players. Image Rights Agreements, whilst a modern phenomenon, are now an integral part of a player signing with a club and can dramatically impact the income that player may receive so its importance is not to be overlooked. For exclusivity, it is important for anyone involved in football to understand when and where exclusivity clauses are applicable and what obligations are necessitated between players and clubs. The last
    thing a player would want to do is to breach their contract and lose out on additional
    income from a sponsor.

    The Commercialisation of Football Players: Personal Brands, Sponsorships and Off-Field Value

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    Introduction

                Welcome to our latest series of blogs. In these episodes we will be delving into the world away from the sport itself that modern footballers find themselves in. This will span across the lifestyle that the players live off of the pitch; their secondary careers for once their career as a football star ends for which the foundations are laid and it begins during their playing career; and also their growing significance as commercial entities.

                I will begin this week by explaining the impact that the commercialisation of individual players has had on the game of football. The opportunities of brand endorsements, commercial paid partnerships, lucrative sponsorship deals, ambassadorial roles and social media influencing is becoming increasingly attractive to players that find themselves in the public spotlight for a narrow window of time. It is of utmost importance to the player and to their agent that they sensibly, effectively and appropriately maximise the opportunity that the player has and the benefits that are coupled with it.

                For this week, I will narrow the scope of focus onto general commercial deals, the idea of developing a personal brand for a player and the concept behind endorsements. I will also analyse a case study of a player that encapsulates exactly what it means to materialise the off-field opportunity of a global football superstar. I will only briefly touch on aspects such as boot deals and image rights as these are more complex and common areas that I will address individually in another blog.

    Players as Commercial Entities

                The purpose and incentive of off-field commercial opportunities for players is to maximise the rewards they receive from their short window in the public spotlight. These rewards come in the manner of financial gain, positive publicity and can also give the player an early advantage for once they move on from football and may have to seek a new career path. Unless, of course, they earn enough from a combination of on-field performance as well as sponsorship deals that they need not find a new career! Importantly, the on and off-field performance of a player are affected by one another. Most commercial sponsorship deals will include performance-based clauses and bonuses; I will explain this in more detail in a future blog.

                A further attraction of commercialising individual players is that a large presence in the public eye, such as in advertisements, campaigns, charity work or just a frequent appearance on social media allows the player to engage with their own fan base as well as with the clubs. By regularly posting the right content on social media and being seen to be involved in activities away from the football field enhances the interaction between players and fans and they become a more relatable role model, which further attracts additional opportunities.

                In recent times, it has become more common that global superstars within football can be far more influential than the club which they play for. This is judged in terms of their social media following and global recognition. For example, even the European powerhouse, Paris Saint Germain, who boast an Instagram following of over 60million, are dwarfed by their superstars Lionel Messi (362million) and Neymar (179million) and even pipped by young star Kylian Mbappe (72million). Neymar and Messi also oust their previous club Barcelona, despite being one of the most iconic clubs in the history of football, they have a measly 110million followers compared to their former stars.

    For a club, signing certain players can have additional benefits away from football due to the commercial value that they add to the club. For example, Messi moving to PSG makes them a more attractive prospect as a club to major sponsors. Clubs will try to obtain an image rights agreement with the player in order to benefit themselves from any commercial deals the player enters into and attracts to the club. Image rights agreements will be explored further in a future blog but for now it is important to recognise that they contribute to rising transfer fees for popular players.This is reflected by the statistic that 60% of all sponsorships entered into by the major brands such as Adidas, Nike, Puma and Underarmour are with individual players rather than clubs, leagues, stadiums or competitions.

     A considerable difficulty in the modern era for players is that some of the biggest clubs in the world will now take 50% of commercial income generated by an individual player or sometimes up to 75%! Consequently, this makes developing the personal brand and public image of a player more important, particularly when a player relies on utilising their personal brand more as clubs are not entitled to this income. It is the external sponsorship from companies and brands that the club can claim such a large percentage of. I will explore this in greater detail in a future blog.   

    Companies and brands may be interested in players for a wide array of reasons. Paid partnerships come in many forms. Some of the largest players may become ‘cover athletes’ for or the ‘face’ of brands, such as is the case with Jack Grealish and Gucci. They will be featured in TV advertisements, events, public appearances and part of modelling campaigns. These kinds of deals are often global as the player being used has global recognition and therefore commercial value in many countries.

                For other players that do not reach the levels of global stardom but are still very well-known and recognised in the public domain, they will sign commercial deals in ambassadorial roles that may only stretch as far as social media posts and use of the product the company provides. However, they also may feature in TV advertisements, photoshoots, public interviews or other marketing campaigns. Their exact obligations are specified as part of the endorsement contract that they will sign with the brand.

                For the players, these deals bring lucrative financial reward as well as a useful array of complementary gifts from the brands. The sponsorship agreements that players may have cover an almost limitless scope of product categories. They may sign deals to become an ambassador for car dealerships, phone brands, clothing apparel, betting companies, airlines, luxury watches, headphones, everyday things such as toiletries and even brands in the food, beverage and alcohol industry. Further to this, the most common sponsorship deal that almost all footballers of a certain standard will sign is a boot deal; I will explore this in far greater depth in a future blog.

    Building A Personal Brand

                It has become a common trend in the modern football era, particularly with the top players, to work towards building a strong and popular personal brand that is attractive to potential sponsors. As we will see in the case study given in the following section, possessing a world-renowned personal brand opens up a unique variety of opportunities to companies and to players which comes hand-in-hand with lucrative remuneration and publicity.

                Players may work directly with professional media agencies such as MediaCom and We Play Forward to develop personal brands and seek the best commercial opportunities. This process begins with the player establishing their own values, principles, behaviours and visions in order to inform those helping them as to what form of commercial partnership the player might best engage with. For example, religious and cultural beliefs may alter and restrict the companies that would be appropriate for a player to endorse, such as a personal objection to gambling or alcohol. This would mean the player is unlikely to enter an agreement with a betting or alcoholic beverage commercial partner! This was the case recently with Kylian Mbappe who took a stand and refused to be a part of a new gambling advert. However, a stance such as this may open up alternative opportunities such as partnering with a betting-rehabilitation charity or a responsible-drinking campaign. It is the responsibility of the player and their agent to find a sponsor that fits appropriately with the attributes, personality traits and interests of the individual player.

                A player can build their own personal brand in a variety of ways. Through the manner of their interaction with their fanbase and the insight they provide them through their social media channels, the players begin to develop a specific public image. Their personality and interests shape the kind of commercial sponsorship deals they are likely to become involved in. Some players will become widely known for certain ‘trademark’ things or behaviours. The most typical example of this is Cristiano Ronaldo’s ‘Siiii’ goal celebration. Other examples include Leroy Sané who includes #inSané on his social media posts, or the ‘JLingz’ hand sign seen being used by Jesse Lingard.

    If developing a personal brand is successful enough, players may even venture beyond partnering with a large brand and take on the challenge of monetising their own brand through some platform. There are several examples of this such as the aforementioned JLingz brand which is now a line of clothing or the street apparel brand belonging to Mesut Özil, M10 Streetwear, named after his M10 trademark. Alternatively, players may enter collaborations with brands in a variety of ways that will name the product after them. There have been many examples of this such as the David Beckham Homme aftershave, the Chris Kamara Street Soccer video game or the CR7 Drive Sports Drink by Herbalife and Cristiano Ronaldo, one of many that Cristiano has developed as a result of his global brand.

    Case Study: CR7

                Predictably, in football at least, David Beckham, Neymar, Lionel Messi and Cristiano Ronaldo have accumulated the greatest earnings from commercial deals and other off-field ventures. Beckham continues to generate an annual income of approximately $40million, he laid the foundations of his personal brand early in his career and still works with major brands now such as H&M, Sainsbury’s, Samsung, Adidas, Breitling and his own fashion brand, Kent & Curwen. For Neymar, his commercial income of over $20million is generated across a large variety of brands from Nike, clothing brand Relay Jenas, C&A underwear, GAGO MILANO watches with which he has three of his own branded pieces, Beats by Dre headphones, food and beverage giants McDonalds and Red Bull, Gillette toiletries, Panini stickers and many other brands that have paid large sums to collaborate with the Brazilian. The full extent of his reach can be seen in the exhaustive list below:

    To continue, Lionel Messi supposedly earns around $33million annually from endorsements with leading brands such as Adidas, Gatorade and Pepsi and a number of partnerships in different categories.. However, arguably the greatest personal brand in football and certainly the most lucrative is the CR7 trademark, belonging to Portuguese superstar Cristiano Ronaldo.

    In 2021, Cristiano was one of the world’s highest paid athletes across any sport. He earned over $100million in that year alone. Notably for the purpose of this blog, over half of that figure (approximately $55million) was earned through commercial sponsorship deals away from the football field. This placed him third in the world of sport for endorsement income, behind only Lebron James and now-retired Tennis star, Roger Federer. He has earned over $1billion across his illustrious career and his ability to balance his match performances with an extraordinary ability to globalise and monetise his personal brand has been a significant feature of his success.

    Aside from the footballing ability, attention-capturing character, marketable appearance and catchy goal celebration, Cristiano’s social media has played a vital role in catapulting both his fame and his fortunes away from the pitch. His Instagram following of almost 500million users puts him way on top as the most followed person on the planet, streaks ahead of second-placed Kylie Jenner and third-placed sporting-rival, Lionel Messi. His Twitter following of over 100million also puts him near the top of the world, around 30million behind number-one ranked former US President, Barack Obama. To indicate this significance of Cristiano’s influence, it is important to note that within the very first 24-hours following his departure to Italy, Real Madrid lost one million social media followers whilst Juventus gained over 6million. The impact of his move to Juventus in 2018 and then subsequently rejoining Manchester United in 2020 is shown in the graphic below:

    These world-leading social media statistics have made what Cristiano has achieved commercially possible. His channels have provided him with an enormously powerful and influential platform to connect with his fans in a unique manner. Brands have identified this opportunity to have Cristiano promote and endorse their products to his engaged audience of millions and hence many have vied for his signature and commitment as an ambassador. This enthusiasm to sign one of the game’s greatest states was reflected as he became only the third athlete in history, after Lebron James and Michael Jordan, and the very first footballer, to sign a lifetime deal with Nike worth over $1billion. Alongside the fundamental sportswear apparel and boots deal, the CR7 brand has been utilised widely. It is suggested that companies will pay around $1.5million per promotional Instagram post onto Cristiano’s page.

    Cristiano has taken on endorsements with an expansive variety of brands. These include nutrition brand Herbalife, through his own drink ‘CR7 Drive’; streaming and media platform DAZN; Clear shampoo; and he is a global ambassador for the luxury watchmaker Tag Heuer, among many others during his career. He has been a part of an array of advertising campaigns and his face is seen across cities from bus stop posters to large LED Billboards. It is the perfect example of monetising one’s position in the public spotlight.

    Importantly, Cristiano has developed his own personal values and attributes that form his global brand known as CR7. The trademark has become synonymous with things like fitness, lifestyle, family-oriented and, of course, the ‘Siii’ celebration. This has enabled him to collaborate with companies and to set up his own ventures. CR7 has been used in naming his own fragrances; his own fashion brand of underwear, shoes and other apparel; a hair clinic; and even his own CR7 lifestyle hotels which can now be found in New York, Lisbon, Madrid, Paris and his home city of Madeira, which happens to be conjoined with the Cristiano Ronaldo museum.

    His endorsements, partnerships and off-field work have not always been about attracting large and lucrative deals with major brands. It is almost imperative that a player of such calibre, and other footballers of any level that have the financial ability to do so, align their principles and their personal interests with charitable causes. In Cristiano’s situation, he has often emphasised his family values through partnering and supporting charities such as UNICEF, Save The Children and the Red Cross. He is also a regular blood donor and even auctioned his 2013 Ballon d’Or trophy for $600,000 which was contributed to the Make-a-Wish foundation. Building a successful brand as a player is not just for the purpose of receiving pay packages; it is also about achieving a position and status in society that can be utilised to make a meaningful and positive difference to the world around the player.

    Free Agents, Free Transfers and The Impact of the Jean-Marc Bosman Ruling Upon Modern Football

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    Introduction

                In 1995, the European Court of Justice made a landmark ruling following a court case involving a little-known Belgian midfielder and a small club called RFC Liege. For a legal case and judgement that pitted two minor parties against one another, it had major consequences that are still felt within the modern football era today.

                The case instigated the creation of brand new terminology in the football world; namely ‘free agency’ and ‘free transfers’. In this blog, I will explore the concept of free transfers and free agency that have become commonplace since the ruling as well as aiming to understand the impact, both positive and negative, that they have had upon the beautiful game. Importantly for our understanding of why such measures were brought into football, I will outline the 1995 Bosman Ruling for those that are not currently aware of the history behind the implementation of free transfers and free agency.

    Free Transfers and Free Agents

                What do Sol Campbell, Andrea Pirlo, Michael Ballack and Robert Lewandowski have in common? Aside from performing at the highest level of football since the turn of the century, these four legends are united by the common factor that they are amongst the most famous examples of free agents since their creation in 1995.

                Free agency refers to players that have reached the expiration date of the employment contract they were under with a club. At this stage, if no new terms are agreed upon and a contract extension is not signed, the individual player is released and is no longer legally affiliated and contractually obliged with the club and hence, they become known as ‘free agents’.

    Free agency grants players the ability to sign with another club in what is known as a ‘free transfer’. In other words, the buying club is not under any obligation to compensate the player’s former club with a transfer fee. The signature of the player is instead obtained simply by agreeing personal terms such as wages, bonuses and other contract clauses. These are agreed upon solely in the best interests of the player and their agreeability with the contract proposed, it does not involve negotiation nor any other business with their former club.

    The examples I previously mentioned refer to major free transfers that have taken place. The names included are players that had high market values and could have been sold for significant sums if they were still under contract. However, for various reasons, their contracts expired and they were able to leave for free and their previous clubs missed the opportunity for a lucrative transfer income. The most well-known examples of free transfers include:

    1. Sol Campbell: In 2001, the English international defender moved for free from Tottenham Hotspur to their North-London rivals, Arsenal. His market value at the time was estimated at around £10million.
    2. Andrea Pirlo: In 2011, the legendary Italian midfielder moved from AC Milan to Juventus for no fee despite his market value still being proposed at around £10million after they had signed him for over £15million a decade earlier.
    3. Michael Ballack: In 2006, Ballack left Bayern Munich in his home country to join Chelsea free-of-charge whilst his market value was sitting at around £30million but Bayern were not able to prevent his contract expiring.
    4. Robert Lewandowski: Bayern were able to benefit from free transfers themselves in 2014. The Polish striker moved on a free from Borussia Dortmund to rivals Munich. His market value at the time was over £40million and rose to £80million a couple of years later. A devastating loss for Dortmund at the hands of the free transfer ruling.
    5. Edgar Davids: In 1996, Davids became one of the first high-profile free transfers when he moved from Ajax to AC Milan. During his career, Davids also moved to Spurs and back to Ajax on free transfers once again around a decade later.
    6. Steve McManaman: The current BT Sport commentator was also a well-known free transfer case in 1999 as he became the biggest English example after moving from Liverpool to Real Madrid before the attacker returned to Manchester City in 2003, also on a free transfer.

    As a player nears a state of free agency, they are able to begin to discuss options with prospective clubs once there is less than six months remaining on their current contract. If their current club has failed to find agreeable renewable terms with the player or are likely to release them, the player and his agent will seek free transfer opportunities.

    This can be an exciting and lucrative time for the player as their wages and bonuses are likely to be higher as the signing club is not burdened or restricted by having to also pay high transfer fees. This allows the club financial freedom to attract the player by offering high salaries and the signing-on bonus is often higher than a typical figure that is invested into a player which the club has paid for the transfer of. I will discuss the impact of this in greater detail below.

    Free agents can also be signed outside of a transfer window. This was the case in the recent signing of ex-Spain striker Diego Costa by Wolverhampton Wanderers in the English Premier League. Despite the English transfer window being closed, Wolves were able to sign Costa as he was a free agent. They benefited from this rule greatly having lost their two frontline forwards to injury in the previous week, they were still able to seek a top-level replacement from the market of ‘free agents’. This rule means that players that are released from clubs are not stuck without opportunities until the window reopens and can still try to find a new contract elsewhere.

    The Bosman Ruling

                In order to fully understand the concept of free agency and free transfers, it is important to have knowledge of what is known as the Bosman Case. It was a historic legal battle that altered the landscape of transfers in modern football. As a consequence of the so-called Bosman ruling that resulted from the court case, free transfers are also referred to widely as Bosman transfers in recognition of the part that Belgian midfielder Jean-Marc Bosman played in helping future players move to a new club for free once their contracts expired.

                The situation began in 1990 when Jean-Marc Bosman’s contract with Belgian first division side RFC Liege had expired and renewal terms had not been proposed. Bosman was just 25 years old at the time so sought other options. His main target was a move to Dunkirk but an issue arose when the French club failed to meet the transfer fee that was being demanded by Liege. Consequently, RFC Liege refused to let Bosman leave causing his career to stall dramatically; his wages were reduced by 70% as he was no longer a part of the first team. As he approached the typical peak of a footballer’s career, his progress was abruptly and unfairly blocked as Liege were demanding a transfer fee that was not obtainable.

                Rightfully so, Bosman was frustrated and aggrieved by his predicament and decided to sue the Belgian Football Association and RFC Liege for restraint of trade. The matter was escalated to the European Court of Justice in Luxembourg who reviewed the case’s compatibility with articles such as the 1957 Treaty of Rome which guaranteed the freedom of movement of workers and of association in the European Union.

    The case of Jean-Marc Bosman seemed to infringe on these laws and hence, in December of 1995, the court concluded that RFC Liege had directly caused a block on Bosman’s right to freedom of movement of labour and he received compensation of just €300,000. Furthermore, the court passed a new general law that granted the right to free transfer of players at the expiration of their contract as long as it was to another club in a European association. Clubs were no longer able to block moves and demand transfer fees. This exercised what is known as a court’s ‘rule of reason’ as the new measures were brought into place in pursuit of the legitimate aim of free movement of labour that was justifiable from the perspective of public interest.

                In short, the main outcome of the legal case was that the European Court of Justice effectively banned any form of restrictions placed upon players moving to another club without a fee once their contracts had expired. However, there was an additional judgement made that also prohibited any clubs or national associations placing restrictions or quotas on the number of foreign players from other EU associations being selected in teams. Prior to the Bosman ruling, this was common.

                In European Competitions, there had been a system implemented that was known as the “3+2 rule”. This meant that clubs were restricted to fielding teams that contained a maximum of three foreign players as well as two additional players that were originally foreign but came through the club’s academy. These types of quotes were declared unfair and illegal and prevented thereafter following the Bosman ruling. Subsequently, teams were now able to field an unlimited number of foreign players from other European Associations. I will analyse the impact this has had in the following section.

    How Has the Bosman Ruling Impacted Football

    Other than the obvious free transfers of players, the first impact upon the football landscape that was noticed following the Bosman rule was a change in strategy and approach towards transfers by club boards. In European Competitions such as the UEFA Champions League, the competitiveness was arguably reduced as a result. The nature of football business took the format of non-established, smaller clubs selling their players for higher fees prematurely, to avoid the risk of allowing their contract to expire and losing them on a free transfer.

    The collateral consequence of this was an increasing divide between the biggest and richest clubs and the small clubs. The smaller clubs are unable to afford the same transfer fees that the more financially affluent clubs are able to spend. Transfer fees were rising for many various reasons, some of which I have touched upon in previous blogs, but the Bosman ruling added to this as clubs were looking to sell players sooner and before their contracts had expired. Additionally, contract renewals became more of a priority, meaning many players were offered extensions very early to prevent their contract nearing expiry and hence, the transfer fees that were needed to be paid rose further. In 2005, UEFA made what they referred to as ‘repairs’ to the aspects of the Bosman ruling that were seen as causing the growth in the gap between rich versus poor, small versus elite clubs.

    The impact on competitiveness in the world of football was not only negative. It was suggested that the rule increased the intensity of national team football. This is because there was a greater emphasis placed upon youth talent development by clubs as they wanted to heighten the market value of their players in order to be able to sell them on before their contract expired and reduced the need for them to spend money on rising transfer fees. Having said this, the secondary outcome of the bosman ruling regarding removing restrictions on foreign players opposed this notion as homegrown talent found it harder to gain game time and opportunities at the top level. This has an adverse effect upon the development and standard of national teams.

    Another important impact that the Bosman ruling has on football is related to the possibility of high wages and bonuses that I previously mentioned. Players have far more bargaining power. In the first instance, they are able to demand higher wages from their current club as they know that if they cannot reach an agreement for a contract extension, the club will have to let them go for free and the player will receive higher wages elsewhere. Secondly, if the current club cannot meet the demands and renewal terms of the player for a contract to continue at the club, then the player has the ability to seek higher wages from prospective clubs. It places the player in a position of power to obtain a suitable and attractive contract.

    A further consequence of this is that players are now tempted to force their contract to expire in the hope that their current club eventually meets higher wage demands or, alternatively, that they are able to move elsewhere for a higher salary and bonuses. Away from financial incentives, this gives many factors of leverage to the player who could tell their current club that they will not sign a renewal unless they are promised a certain amount of game time in the first-team, or other clauses they could include. One thing to bear in mind for the players and the agents in these situations is the risk of injury. It is an attractive option to run a contract to expiry and reap the rewards of free agency wages but it can become a risk if the player was to be injured before they had agreed a new deal. An injured free agent is far less likely to be signed by a new club and it can damage a player’s career and their financial stability. It is a classic, football-specific, risk versus reward decision that is to be made by the player and his supporting team.

    Conclusion

                Thanks to Jean-Marc Bosman and the European Court of Justice, free transfers and free agents now have a firm place in modern football. Players and their careers are no longer restricted once their contracts expire and in fact are now able to achieve higher personal wages and bonuses should their original club allow their contracts to expire. It has given players bargaining power and changed the way in which clubs and their transfer strategies operate. I also acknowledged the broader impact that the Bosman ruling has had upon football in terms of banishing restrictions placed upon the number of foreign players within a team and the changes to transfer fees and competitiveness that the rule has brought about.

    Moguls, Royalty, Bankers, Businessmen and Consortiums: The Chaotic and Expensive World of Owning a Football Club

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    Introduction

    After last week’s blog which provided an understanding around the intricate Bundesliga law of the 50+1 rule, this week I will attempt to delve deeper into the trials and tribulations of club ownership across the footballing world. Away from the 50+1 rule, an enormous and diverse array of individuals, groups and other investors own the majority of economic and authoritative shares in a club or, in some instances, a collection of clubs. However, it is an area of football that is fraught with danger and risk to the owner’s financial, political and social status.

    I will begin with an overview of the widespread variety of club owners across the footballing landscape and what their motivations behind owning a club may be. I will go on to consider the good and the bad sides of club owners and suggest the characteristics, traits and attributes that could comprise a successful and well-revered owner. However, it is also important to acknowledge the biggest risks and threats that the owners may face by choosing to take charge of a football club and how this can have a detrimental impact upon their own credibility and respect. Finally, I will outline the facts of a well-known case-study; the Glazers’ ownership of Manchester United.

    A Wide Variety

    It is difficult to know where to begin to understand the extraordinarily diverse demographic of football club owners across the world. The first common point of identification is that it will be an individual or a group that has a significant volume of wealth. The source of this wealth can be almost anything. In the top European leagues alone, the backgrounds of club owners span far and wide across finance, property, the steel trade, automobile industry, venture capital, newspaper tycoons, investment firms, food and catering, oil and gas and even gambling moguls.

    In an era where gender equality and equal opportunity is emphasised and prioritised, it is somewhat surprising that there are currently no female owners of football’s major clubs. There are examples, however, of women who have minority shares in clubs and it could be something that changes in the future. Currently, even the so-called ‘most famous lady in football’, Karren Brady, the vice-chairman of West Ham United, does not possess significant shares of the club.

    One changing aspect of club ownership that has and remains to become more prevalent is the existence of consortiums and group ownership. A consortium is an association or union of several companies or individual investors that collate their funds and purchase ownership of a football club. By pooling their resources and each entity involved agreeing upon certain contractual obligations, they are able to raise greater finances to own some of the world’s biggest clubs.

    A recent, famous consortium purchase was that of Chelsea Football Club led by Todd Boehly and his consortium which included Clearlake Capital Group. Boehly is the chairman, founder and CEO of the Eldridge Holding Company and forefronted the £4.25billion takeover of the London-based club. Alongside Clearlake Capital Group, Boehly will have joint control and governance over the club as it enters and negotiates through the post-Abramovich era. Boehly, alongside his associate Mark Walter, already own the Los Angeles Dodgers Major League Baseball franchise as well as the Basketball equivalents in both the NBA and the Women’s NBA; the Lakers and the Sparks respectively. They are familiar with what it means to be in charge of a major sporting entity and they have taken the leap of expanding their investment into English ‘soccer’.

    The wealthiest club ownership, by a considerable distance, in the current football era, is the Saudi Public Investment Fund that purchased the Premier League’s Newcastle United in the latter stages of 2021. With an estimated net worth of assets of over $600billion, they fly high above the second wealthiest ownership, the City Football Group ($20billion estimated net worth). These are assets and finances of the sovereign wealth fund of Saudi Arabia and is overseen by a businessman and Governorand the Saudi Crown Prince who has a personal fortune of $17.6billion himself. The investment fund, which now owns 80% of the North-East of England club, is supported by many major companies across the world such as BP, Boeing, Facebook, Disney and the Bank of America to name but a few.

    The practice of cross-sport ownership, such as in the case of Todd Boehly, is becoming a new norm. Some of the richest members of society are able to invest their wealth in two or more sporting entities across the globe. Commonly, investors will look into major sports in the US and the UK for increased outreach. For those that have the financial capabilities to do so, coupled with the love of sport, it is a great opportunity to heighten their status and enhance their popularity. I outline some of the best-known examples of this below:

    1. The Kroenkes

    • ○ The Kroenkes built their wealth from several different ventures. Most noticeably, their company Kroenke Sports & Entertainment, opened the doors into sport.
    • The family have now acquired majority ownership of clubs in soccer, American Football, Basketball, eSports and Ice Hockey
    • ○  Soccer: Arsenal (UK) and Colorado Rapids (MLS)
    • ○  Other sports: Los Angeles Rams (NFL), Denver Nuggets (NBA), Los Angeles Gladiators (eSports), Colorado Avalanche (NHL).
    1. Shahid Khan
      • ○  Khan is a Pakistani-American billionaire businessman. The majority of his wealth comes from his automotive company based in the United States.
      • ○  Khan owns majority shares of the Jacksonville Jaguars in the National Football League in the US and London-based Fulham Football Club in the English Premier League.
    2. Andrea Radrizzani
      • ○  Radrizzani is the owner of ELEVEN SPORTS, a global sports broadcasting company. Similarly to the Kroenkes, this made sport an accessible avenue for him to invest his wealth into.
      • ○  The businessman has acquired both San Francisco 49ers in the NFL and Leeds United Football Club in the English Premier League.
    3. The City Group
      • ○  The City group is one of the best examples of the power that a consortium can obtain through pooling their resources. The consortium is formed of the Abu Dhabi United Group (which owns a majority 78% share), the American Silver Lake investment firm and China Media Capital.
      • ○  They are the second wealthiest ownership group in the world with an estimated $20billion net worth. They are led by the Deputy Prime Minister of the United Arab Emirates.
      • ○  The consortium now owns eleven football clubs across the globe in England, Australia, France, United States, Japan, Spain, India, China, Belgium, Uruguay and Italy.
      • ○  Their biggest success is undoubtedly Manchester City, but they have also become part of the success and growth of clubs such as Melbourne City, New York City and Mumbai City, as well as others in different corners of the globe.

    Why own a Football Club?

    Not only is there a variety in the business acumen, backgrounds and financial sources of the owners of football clubs; there is also a wide variety in the intentions of and motivations behind these individuals and groups purchasing ownership of football clubs. The decision to acquire a football club is not one that should be taken lightly. It can have a significant impact on the reputation, respectability and popularity of those involved. It is important to note that, in most cases, a football club is unlikely to make any kind of worthwhile annual profit and hence, the acquisition of a club is rarely financially motivated in terms of yearly returns. So why is investing large sums of one’s wealth into a football club still an attractive proposition to many who have the financial ability to do so? The major factors behind purchasing a football club are summarised below:

    1. Appreciation in Value

    As mentioned, year on year, a club is unlikely to make a profit that will make a difference to the bank account of the individual that owns it. However, with the direction in which football finances are going, in which player wages, transfer fees, commercial deals and the values of clubs are rising exponentially, a long-term owner of a club may see a dramatic appreciation in the value of their shares which they can then sell for a healthy profit. This may mean that there is still an underlying financial motivation in purchasing a football club. Despite the risk of losing money annually, the attraction of selling shares for a far larger value than they were bought can be a source of temptation.

    An example of this is Liverpool Football Club. When the Premier League club was bought by Fenway Sports Group in 2010, managers John Henry and Tom Werner forked out £300million for the red, which was already widely recognised as one of football’s most iconic and legendary club giants. The American-based firm also owns both Boston Red sox (MLB) and the Pittsburgh Penguins (NHL) and are an example of the, often American, investments into sports teams that are somewhat financially motivated. Forbes now estimates that, as of the start of 2022, purchasing Liverpool would now cost around £3.6billion; reflecting an enormous and rapid appreciation in the value of the shares that Fenway Sports Group acquired only a dozen years ago. The graph below depicts the extraordinary rise in value of European clubs in the top leagues since 2008 and demonstrates the financial opportunity that some investors are concerned with (Source: Statista):

    This is not guaranteed, however. There have been examples of clubs such as Portsmouth, Derby County, Sunderland and others that have experienced dramatic declines over recent years and no longer even hold their previous value, which has depreciated significantly. Relegation to a lower league inevitably causes major losses in value and is one of the main factors that has such an impact upon a club’s worth. These failures can partly be attributed to poor ownership and shows that it is not as simple as buying a club and sitting back and waiting for its value to increase before selling. As I will go on to explain, it is vital that the owner knows what they are doing and assists the club properly, or they may experience a fate similar to these clubs as a result of their own mismanagement and malpractice.

    Ownership that is financially motivated is often the kind that induces fan resentment. Avid and devoted fans of clubs do not want to feel or witness the owners of their club withholding or withdrawing funding and financing of new transfers or worthwhile investments to improve the club for the sake of maximising their own financial gain. This is worsened if owners are also motivated by the opportunity in order to avoid or reduce taxation in their own country by investing their assets elsewhere. Ill-feeling amongst fans is inevitably detrimental to the popularity of the ownership and creates difficulties for them in maintaining their control and respectability. Financial gain is a problematic, risky and complex attraction of club ownership.

    2. Political, Status and Publicity Motivation

    Owning a football club can often be viewed as a ‘trophy asset’. In other words, wealthy business people acquire shares in clubs as part of a ‘status-enhancing’ venture. It can almost be seen as a form of showboating and demonstrating one’s wealth to others by acquiring an asset in the most popular sport in the world. Owners can reap a variety of benefits from owning a club. Such an opportunity can play a part in building one’s personal brand as a strategic, positive PR stunt. It is a unique form of advertising and growing awareness of an individual or group.

    There may also be an element of geopolitical motivation behind the purchase of a football club. Owning a football club allows these business people and investors to open up new avenues and new, wider networks in foreign countries that can benefit them, their state or their company’s reputation greatly. For example, the likes of Roman Abramovich or other foreign investors from the United Arab Emirates, Saudi Arabia and the United States will improve the public’s perception of themselves and their states.

    Regardless of what the motivations behind Roman Abramovich’s acquisition of Chelsea was, he was also determined to make the club a success under his ownership. Following his purchase of the club in 2003, Chelsea experienced almost two decades of an incredibly successful spell; the most successful period in the club’s history. Under Abramovich’s reign, they won five Premier League titles, five FA cups and had two UEFA Champions League victories. Chelsea fans did not mind why Abramovich bought the club, he was adored by the fans as he dedicated his wealth to make his ownership a success and was often in attendance at games, demonstrating his own love for the club. Up until his assets were frozen by the British government, his ownership was rarely criticised and demonstrated how club ownership can enhance the public’s perception of individuals.

    3. For The Love of The Club and Local Investors

    Local ownership is perhaps the most endearing and ‘boy-done-good’ sentiment behind owning a football club. This could be the case when an individual has a strong affiliation with a club, is part of their fanbase and community and has succeeded in life to the point where they are fortunate enough to purchase their beloved club. Fans may long for such an ownership as it can be reassuring to know that the owner is not there for profit or other reasons, but solely for the love of the club and a willingness to be a part of its successes.

    An example of this is the Lancashire-born-and-bred businessman, Andy Holt, who made his personal fortune from the plastics industry. In 2015, on the verge of declaring bankruptcy and entering administration, Holt purchased Accrington Stanley, his boyhood club, and brought it back into safety. He has been the long-term owner since and has ambitious aspirations for the club’s future. This is a rare and unique example of club ownership but is an idyllic one for the fans and a heartwarming story in the world of football that is otherwise occupied by money-grabbing foreign investors.

    The Good Versus The Bad

    As I think has already been illustrated in the previous section, the successes, failures and outcomes of club ownership are turbulent and unpredictable. There are many examples of ownership that have failed for a variety of reasons, and others that have been brilliant, both for the club and for the investor or group of shareholders.

    You yourself might be a lifelong fan of a club somewhere in the world; if not, place yourself inside the mind of a devoted fan that only wants to see the success of their beloved club. What might you look for in an owner? For football associations around the world, there are different criteria and regulations around who can own a football club. For example, the English FA conducts a Fit and Proper Persons Test which checks the prospective buyer’s criminal records, financial circumstances and any past history of ownership. This is as extensive as their restrictions go and means that many wealthy investors are able to acquire a club. The regulations seem to fail to account for their aptitude and skills that are needed to successfully know how to run a football club in theory and in practice. This is what the fans may look to instead.

    A good owner would possess certain characteristics and implement practices that demonstrates to the fanbase that they are interested in improving the club and achieving success rather than any other reason. This would include things such as investment into the academy, the women’s team, the infrastructure such as the stadium and the training ground, the staff, the fans and arguably most importantly, the team and player personnel. All of these are important to improve the club as a whole and will ingratiate the owner with the fans of the club. Other aspects such as transparency and open dialogue with the fans as well as physically attending the games and outwardly showing support for the team are sure ways of improving the public image for an owner.

    Failing to do these things will only create a negative reflection of the owner of a club. Buying a football club is a risky investment in itself, it is not helped by an owner who fails to appear hands-on and loses the backing of the fans. As has been seen across the footballing world, in clubs as big as Arsenal or Manchester United, fans will go as far as protesting openly against the ownership and can create a toxic atmosphere in and around the club. In the next section, I will explore an example of this through the Glazers ownership of Manchester United which has become increasingly sour in recent times in an attempt to show the risks of club ownership and where it can all go wrong.

    Case study: The Glazers and Manchester United

    The Glazer family made their fortune through First Allied Corporation, a commercial real estate company based in the United States and was well-known for handling large premium shopping center spaces. They are worth an estimated $4.7billion by Forbes in 2022. $192million of this wealth was used to purchase the Tampa Bay Buccaneers NFL franchise in 1995, although this investment has paid off as the team is now estimated to be worth over $1.2billion.

    Their relevance in this blog, however, begins in 2003 when the Glazers, led by the late Malcolm Glazer, became involved in English Premier League side and global giant, Manchester United. Back then, the family had 3.17% shares in the club which quickly escalated to 75% by May of 2005 before catapulting to 98% ownership around a month later. The final purchase cost of the club was around £800million in total. Many would argue that the Glazers spotted the potential for the globalisation and commercialisation of ‘soccer’, which American Football, and the Buccaneers, did not have to the same extent, and bought the club for financial gain. If this is the case, the Glazers would see their investment as an undoubted success considering the club is now valued at around £4.9billion.

    Despite the extraordinary rise in value of Manchester United, there are many fundamental flaws and problems that have been identified by the fanbase of the club and from the broader footballing community. Perhaps the fact that the club was originally purchased using loans and ‘payments-in-kind’ which came with high levels of interest, was a sign of things to come. It plunged a club that was previously debt-free, into a large amount of debt following the takeover. Hence, many objected to the purchase of the club by the Glazers from the start although during the years of success under the managerial stint of Sir Alex Ferguson, these protests gathered little momentum as the fans were enjoying the accolades the club was gathering.

    During this time, Malcolm Glazer passed away and the ownership fell to his sons from 2006. By 2012, the sons had listed 10% of the club, which was equivalent to 16.6m shares, on the New York Stock Exchange. This raised some funds that were presumed as part of the efforts to pay off some of the debt the club had amassed. However, the Glazers themselves took almost half of the £150million that was raised and was the beginning of over a decade of failures following the retirement of Sir Alex at the end of the 2012-13 season.

    The fans were quick to argue that the previous success was in no part thanks to the ownership of the Glazers, and lay solely with the impressive management of Ferguson and the talent of his players. The ownership and direction of the Glazers has been questioned, particularly due to their recruitment approach and transition processes since Ferguson. Coupled with rising ticket prices and increasing commercialisation as well as a reclusive style of ownership that is drastically disengaged from the fanbase, the fans have regularly participated in protests and the feeling of resentment towards the Glazer ownership is ever on the rise.

    During this time, United, who previously sat at the top of the English football tree, have been swiftly surpassed by their local rivals, Manchester City. Whilst the Glazers have invested minimally in the infrastructure of the club and its academy and hadn’t even appointed a director of football until summer of this year, the City owners have put £160million into City’s academy alone, a similar amount to the funds that the Glazers took out of United from selling shares in 2012.

    The protests of the fanbase and the outward expressions of disapproval towards the Glazers is a stark reminder and demonstration of the risk and dangers that come with owning a football club. Nevertheless, the family may be satisfied with their investment as the club’s value has risen enormously and means that one day they may receive a profitable payout from their original purchase. However, this begs the question of whether such ownership is healthy for football? Is there a way in which football associations can prevent owners purchasing clubs purely for financial reasons and instead encourage owners to buy into the values and principles of a club, to engage with the fanbase and have a genuine desire to improve the club in all aspects and achieve success?

    A solution which may come to fruition in the future in the case of Manchester United is the potential ownership of Sir Jim Ratcliffe, a locally born businessman who has made his fortune through chemical engineering. Ratcliffe already owns Nice in France and Swiss club Laussane Sport, as well as having expressed interest in Chelsea before he was ousted by Boehly and his consortium. Now, as a lifelong United fan, Ratcliffe could become a prospective buyer for United if the Glazers were to succumb to the pressure being placed upon them by the Red Devils’ fanbase. This seems a far more attractive and fitting acquisition than Chelsea in any case for Ratcliffe as a United fan and could be a great opportunity with someone with a genuine care for and affiliation with the club to bring it back to the successes it experienced in the first dozen years of the 21st century.

    Conclusion

    This lengthy blog has scraped the surface of the complex world of football club ownership. I hope that it provides a level of understanding and intrigue into the diversity of club owners and the challenges and demands they face. It is far from simple and requires a varied scope of knowledge and expertise in order to achieve success with a football club. Some owners may acquire clubs for reasons that may not be appropriate and they are often quickly found out by the fans whilst others can master the skill of engaging with the club and its fans and enduring long-term spells of success as owners of a club that is part of the most popular and exciting sport in the world.

    The German 50+1 Rule for Football Club Ownership and What the Rest of Europe Could Learn

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    Introduction

    In April of 2021, the plans for a European Super League spread around European football and globally. It was widely opposed by fans who feared for the integrity of meaningful competition in football and for their own clubs. Some of the biggest footballing giants from Manchester United and Arsenal to Madrid and Barcelona to the Milans and Juventus had agreed to become a part of the breakaway league and leave behind their national association leagues. It was a treacherous time for European football that upset a great volume of adoring, sceptical fans.

    Noticeably, the German giants, Bayern Munich, Borussia Dortmund and RB Leipzig were absent from the list of clubs that had agreed to the European Super League. They each spoke out to confirm that it was not something their clubs would be associated with. This begs the question as to why, when the rest of Europe’s biggest clubs immediately demonstrated enthusiasm and support for the concept, were the German clubs the distinct anomaly? Although the ESL never materialised, the clubs that were listed were originally committed to the idea whereas German clubs, from the beginning, were never involved.

    This blog will explore the 50+1 club voting ownership rule that is implemented under the Deutscher Fußball-Bund (DFB; the German Football Association) and applies to all professional German football clubs. This is the predominant reason as to why none of the German clubs were ever a part of the ESL plans. I will also analyse whether or not this rule could be applied in and benefit other football National Associations and clubs across Europe and globally. There are legal complications and other complexities that the rule and governing bodies must consider but it has widespread support in Germany and is attributed with being an integral part of the admirable traditional fan engagement and adoration that clubs in the country attract, but is it supported for the right reasons?

    50+1 in Practice

    In German tradition, Vereins (associations) have existed as clubs or societies that dedicate themselves to a specific entity or activity. To form an official Verein, the group must consist of more than seven people and must maintain a non-profit status. Their role is to represent an audience or fan-base and give a voice to those who believe they are entitled to having a meaningful opinion within their particular environment.

    Vereins, as well as almost anything, are involved in German football clubs including all those in the Bundesliga. These are made up of between 267 and, in Bayern Munich’s case, 290,000 people who take on varying responsibilities at the clubs. The role of the Vereins can extend as far as maintaining budgets, organising club events and other opportunities beyond just football. The leadership of the Vereins is democratically elected and provided a voice for the devoted fan-base.

    In 1998, the DFB offered a solution to the inflation that was being seen in football that challenged the non-profit approach of Vereins with German football clubs. Transfer fees, player wages and commercial finances were all rising exponentially and for German football to keep up, it seemed unfeasible for clubs and Vereins to continue to operate purely as non-profitable organisations. The rules were adapted for German football that allowed for German clubs to involve profit-seeking corporations as part of their ownership structure. The one condition stipulated by the DFB was that the clubs must allow their Verein to maintain majority control of the voting rights in the club. Hence, the 50+1 rule was born:

    50+1 Rule:
    50% of a German football club’s voting rights plus an additional 1 share

    must be possessed by the Verein. This applies solely to voting rights rather than financial shares of the entity. Put simply, the fan-base of the club must have more control of a club than the corporate owners.

    What Can Other National Associations Learn and Benefit From?

    In the face of foreign ownership, the 50+1 rule can be seen as the greatest solution to giving a voice to the previously voiceless fan-base. Take the examples of Newcastle and Mike Ashley which was recently resolved or the ongoing situation at Manchester United. The fall out between the Glazers, United’s owners, and the fans has not been good. Fans have protested relentlessly and pleaded for change of the club’s ownership from an American family blamed largely for the recent failings of a global giant. In this instance, were the fans entitled to a majority of the voting rights there would be a chance for them to remove the Glazers from power and reinstall an ownership structure that they believed wanted the best for the club rather than one that took dividends and profits from their shares during the club’s darkest times.

    This was the case for Hannover in 2019 when 2,100 of the Verein voted to remove the then Club President, Martin Kind. They pointed towards his excessive power and dictatorial approach to owning the club as the reason and the 50+1 rule allowed the fans to express their concerns and reach a solution that suited them. Although Kind has recently been victorious in court after expressing his distain at his dismissal; it was eventually decided that he can be reinstated within the club and that his dismissal was unjust. Nevertheless, the broad foundation principle of the 50+1 rule is simple; that football is for the fans and is impossible without them, hence they should have a proportionate level of power that reflects this.

    The 50+1 rule could have benefits across football globally by its enhancement of fan engagement for any club. A fan is more likely to dedicate themselves to a club at which they have a custodial role and responsibility. The 50+1 rule allows for fans to cultivate and maintain a system that suits them. For example, in German football, season tickets and matchday tickets are incredibly cheap, as voted for by the fans, and often includes public transport to and from the matches. The comparison can be seen in the graph below which shows the average matchday ticket price for the biggest clubs in Europe and quite clearly demonstrates how far below Premier League prices the Bundesliga giants are (source: Statista):

    Season tickets are much the same. At Bayern Munich, one of the biggest clubs in the world, fans can purchase a season ticket from less than €150 whilst a club like Manchester United charges at least £530 and Tottenham Hotspur top-end season ticket fees peak at over £2,000! Elsewhere across Europe the prices remain higher with Barcelona charging a minimum of €250, Juventus is at least €650 and to watch PSG across the season you would have to spend at least €490. The 50+1 rule can be extended as far as voting for cheaper food or drink at games as well as official team merchandise and preventing a club from engaging in discussions for the European Super League. This is only possible due to the power that fans are given to maintain these low ticket brackets and improves the overall fan experience of their beloved club.

    The outcome of enhancing fan engagement is of course protecting the emotional and unbreakable connection between the fan and the club. It could be greatly advocated that owners should establish and integrate fan clubs or bodies into their ownership structure even without the 50+1 rule in place. This style of relationship allows for fans to feel as though they are not voiceless and they can reclaim some level of control over their club. By giving fans this ‘nominal seat’ within the decision makers of a club fosters a healthy environment for fan engagement and could produce an overall more sustainable and attractive football club. The 50+1 rule does not have to be officially regulated or a law within the national association for clubs across Europe and globally to learn from and reproduce at least some of its benefits.

    The further benefit that the 50+1 rule, or at least the principles behind it, may produce is a more balanced and competitive league. If clubs are not reliant upon, nor allow, ‘budgetless’ approaches by billionaire owners bringing in the best players from around the world, the likelihood is that the advantage of the richer clubs is reduced. Fan bases or Vereins are likely to advocate for financial fair play and consequently, the leagues will become more competitive. However, this is a debatable presumption as I will now go onto explore the loopholes within the 50+1 system and the problems that arise.

    A Flawless System?

    So far it may seem that the 50+1 rule is the perfect solution to the lack of control and power that fans across Europe, other than Germany are positioned as having. However, the system is far from flawless and some German clubs have found areas of the legislation which can be exploited to find ways around it. Some of these were unavoidable whilst others clearly identified methods which could be adopted that expose the loopholes of the 50+1 rule.

    There are two major exemptions, known as lex specialis, under the 50+1 rule in the Bundesliga; Bayer Leverkusen and Wolfsburg. These clubs were originally founded as clubs for workers of corporations. Bayer Leverkusen was founded by employees of the Pharmaceutical company, Bayer, whilst Wolfsburg was formed by car manufacturer, Volkswagen employees. As these clubs were already majority owned by corporate companies, they are considered an exception to the 50+1 rule and are far harder to regulate. The level of fan power and control within these clubs cannot be judged as factually as in other clubs which have corporate ownership and shares whilst giving at least 50+1 voting rights to their fans.

    Two other clubs have also found ways in which they can adhere to the use of Vereins for 50+1 of voting shares in the club without sacrificing the possibility of substantial investment. Firstly, Hoffenheim, which began as a village club with a population of 3,000 people, revealed a flaw in the DFB’s ‘20 years of investment’ rule. A member of the Hoffenheim Verein, Ditmar Hopp, has been investing into the Hoffenheim club for far more than 20 years. Since he surpassed this length of time he became exempt to the financial fair play clauses that are a part of the 50+1 rule and was able to gain significant power and investment capacity over the club.

    Fortunately, having been a longstanding member of the Hoffenheim Verein, and a devoted fan, this was of enormous benefit to the club. Hopp invested a valuable proportion of his billionaire status into the club which saw them rise from an amateur village club to an all-time-high of third in the Bundesliga in 2018. Whilst this was brilliant for Hoffenheim and its loyal following, other clubs in the Bundesliga and German football fans cited an unfair competitive advantage that they had gained from having such a powerful figure as part of the Hoffenheim Verein.

    A similar advantage has been gained by RB Leipzig. The club, sponsored by Red Bull, is associated with the RassennBall Sport Verein (As they officially can’t call themselves Red Bull, this translates as ‘Pitch Ball’) which is limited to just 21 people but has 50% plus one share of the voting rights at the club. This ‘fan-base’ consists solely of employees of Red Bull, mostly those that are very high up in status within the company and hence they are likely to favour the decisions made by the club’s ownership and support them by also contributing significant investment. Therefore, by proxy, Red Bull have majority control over the club and it seems as though the ‘real fans’ are excluded. Once again, this has been heavily criticised as unfair and seems to negate the desired benefits of the 50+1 rule.

    Other Potential Problems

    One of the first considerations that must be made for the 50+1 rule if there was potential for it to spread beyond Germany is the legal implications. Despite it being granted as legally acceptable in Germany, fundamentally, the 50+1 rule undermines wider European competition and trade laws as it prohibits investment and free trade. The German court of law adjudged that the rule is acceptable as it is deemed as unproblematic; its primary objectives are for good and desirable sports policy. The 50+1 rule aims to achieve social and ethical objectives and has a positive impact on the sport. However, it is unlikely to be able to withstand scrutiny in a European court which would make it difficult to implement outside of Germany.

    Another concern is whether the rule makes it far more difficult for clubs to compete with other clubs that are in national associations that do not use the rule. In other words, clubs that give the majority voting power to fans are likely to deter major investors into the club at the risk that they could be removed if they upset the fan-base.

    An individual or group with business acumen would wisely choose not to invest if they don’t actually get to make the rules and the major decisions at the club.

    The problem that arises then is whether German clubs, or others in the future that are under the 50+1 Rule, are disadvantaged whilst lacking this level of investment that equals other European clubs. Perhaps Borussia Dortmund and Bayern Munich, who regularly compete with the best clubs in Europe in the latter stages of the UEFA Champions League, are proof that the rule does not prohibit or restrict the success of clubs adhering to it. Clubs like RB Leipzig, Schalke and the 2022 Europa League winners, Eintracht Frankfurt act as additional evidence to this theory.

    The detrimental effect of the 50+1 rule is more clearly seen at a league level. Bayern Munich have won the Bundesliga every year since 2012. The uncompetitive and one-sided nature of the competition seems to imply there is a fault in the system that is not functioning as it should. The 50+1 rule is supposed to put all clubs on a level playing field but it seems in this case that it unbalances competition and creates a problem. This would be a worry for other national associations that are considering implementing the rule. For example, the Premier League is already known as the most competitive football competition in the world, why would they consider adopting a rule that has removed the element of unknown and intense competition in the country in which it already applies?

    Perhaps a solution that allows clubs to exercise their own judgement as to whether or not to welcome foreign and lucrative investment may succeed in overcoming this. Without the 50+1 rule in place, some clubs would attract large investments and be able to rejuvenate the Bundesliga, with previously low performing sides competing against the German giants.

    If clubs were to choose for themselves, there should be several conditions and new rules attached. For example, stricter club ownership laws such as an owner not selling the club for a minimum of 10 years. This would translate into a better quality of ownership and avoid issues or poor ownership. There must also be greater scrutiny around where the investment money comes from in order to further protect the club. Next week’s blog will investigate club ownership and its trials, tribulations and flaws and what can be done to overcome these. This blog will be relevant to this week’s and an extension of the solution and compromise to the 50+1 rule.

    Conclusion

    Following the European Super League debacle, the 50+1 rule, on the face of it, provides an attractive and sustainable solution for football fans around the globe. Many believe that if the club was to adopt such a rule, they would feel as though they would be granted the control and voice that they deserve within their beloved club. Football is made by the fans and a system that enhances their experience of the game, their club and the connection and the relationships they have, seems to be only positive.

    I have identified within this blog that the system is, however, fundamentally unfair. Many. Clubs can find loopholes in the flawed system and the integral competitive nature of the sport could be undermined. Nevertheless, I believe that the 50+1 rule is something that could be moulded, adjusted and adapted to perfection and help fans re-engage meaningfully with their clubs whilst upholding the principles of competition and fairness.

    A solution to the current unfairness of the 50+1 rule could be to leave the judgement for implementation of the law to the individual clubs to decide. At the moment there is a possibility that the rule is being supported by some of the biggest clubs in order to maintain the current status quo, undermining fair competition. Furthermore, there are so many clubs that find ways around the system, it has become obsolete and instead should be amended to be based upon the independent decision of the club.

    It is a complex consideration as to whether or not there is a possibility for clubs to self-regulate. The 50+1 rule itself could be abandoned in legislation but instead could be individually adopted as the norm within clubs. I believe that it should be the role of the clubs themselves as well as the national associations to fairly manage financial fair play and club ownership and investment. Whilst this is optimistic, perhaps in the future clubs and associations will give a respected voice and opportunity to their fans without it having to be stipulated by law and attract good, proper investment that doesn’t threaten the club or football.

    Summer Transfer Window from a Football Agent’s Perspective

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    Introduction

    For many involved in football to any extent, the summer transfer window can be the busiest and most turbulent period of football in a calendar year. Away from the rollercoaster of on-pitch activity, the transfer window is an exhilarating off-field source of entertainment, or stress, for concerned parties from sporting directors to football fans to coaches. In this blog, however, I will provide a behind-the-scenes insight into how the summer transfer window takes shape for the agents that conduct business on behalf of their clients.

    The Window

    For any transfer that takes place, the window must be open for the National Association to which the player involved is moving to. For example, a player may move from Europe to the MLS during their ‘pre-season window’ which is between February and May in the USA, despite the window being closed in European associations. This is also the same in European leagues; so for a country like Turkey which has a later transfer deadline day in September than most other European associations, they are still able to sign players from these other countries. The only exception to this rule is for free agents who can be signed at any point during the football year. This has been the case since the 1995 Bosman Ruling by the Court of Arbitration for Sports to protect a player’s right to free movement and employment legislation.

    Whilst the Southern Hemisphere (January to March) and the US are different, I refer to the ‘summer window’ as the period of time between the start of June or the start of July and September which is when European associations open their windows in the build up to and start of their seasons. During this time, agents must work tirelessly to seek and agree upon the best possible deal and opportunity for their clients, whether this be finding a player a suitable new club, getting them the wages that they deserve for a contract renewal or acting on behalf of a club in sourcing and bringing in new talent to sign.

    Pre-Window Preparation

    The work for the summer transfer window is not within such a narrow time frame, it is constant throughout the year. It is not widely known that the norm in global football is that many deals and negotiations have taken place prior to the window opening and are ready to be confirmed once it is finally open. This is within the laws of the game and allows for clubs, players and the agents to engage in discussion at any stage of a season. This prevents such a mad and desperate rush within a short time-scale for a proposal to be made and for a fair agreement to be reached.

    There are only two stipulations to this. Firstly, that the deal cannot be officially confirmed and signed unless it is within the transfer window. The agent must also reinforce that the buying club obtains approval for the selling club to speak with the player and their agent and engage in proposing a move and negotiating personal terms in order to avoid any breach of their current contract and regulations if they have more than six months left on their contract. If a player has less than half-a-year left on their contract then they and their agent are already eligible to engage in conversations with prospective buyers.

    An example of this pre-window preparation in action is Erling Haaland’s recent move to Manchester City in the Premier League from Bundesliga club, Borussia Dortmund for an estimated £51million that will eventually end up at around £85million once agency fees, signing-on bonuses and other payables have been met. The five-year contract is also understood to be worth wages of £375,000 weekly for the 21-year-old forward.

    Haaland’s move was announced by City just a few days after the transfer window opened. He had been a point of discussion in English football for over a year and was always tipped for a move to his father’s former club. However, a transfer and contract of such magnitude could not have been through the entire proposal and negotiation process in mere days. This epitomised the pre-planning and preparatory work that goes into these transfers. The hard work and intricate details had already been finalised by the time the transfer window began in the UK. Even the most complex and sensitive areas of negotiation such as wages and release clauses would have been discussed and decided upon far before this date.

    This is a lesson for agents that, particularly for high profile or complicated deals, preparation and negotiation outside of the window is vital if it is at all possible. It helps mitigate against stressful and time-sensitive situations in which the ability to reach a desirable outcome may be compromised due to factors outside of the control of an agent. Agents that work hard to bring deals as close to complete as possible and prepare adequately for the window are more likely to serve the best interests of their clients.

    Even if there is not a ready-made transfer that just needs preparing ready for finalising once the window opens, there is still plenty of preparatory work an agent can carry out before the business end of things begins. The agent should be proactive rather than reactive. Entering a new transfer window, agents will often have already identified opportunities that they will aim to capitalise on. The behind-the-scenes graft involves pinpointing clubs that require certain positions or a certain kind of player and an agent may be able to present one or more suitable options to the club. Furthermore, the agent must have access to such players which may involve reaching out to their agent and obtaining a mandate as well as communicating with the club to ensure that a potential deal is possible.

    The Window

    For agents, the transfer window is often manic. At any one time, an agent could have several ongoing deals and negotiations that require attention. It can be months of hundreds, if not thousands, of phone calls with various concerned parties from the player, to their families, to the sporting director and coach of a club. The research and investigation into finding opportunities for clients never stops. Whilst I explained that many deals are built upon foundations laid far before the window opens, there are still an extensive number of transfers that begin during the window.

    There are major factors that an agent must have knowledge, understanding and an insight of that influence and change the opportunities that are available. For example, clubs may delay engaging in transfer negotiations until they have sold a player in order to free up funds to invest elsewhere. Big deals often have a collateral impact and create a knock-on effect that initiates many other discussions and deals. On the opposite end of the spectrum, an agent should also be able to identify that clubs may also be experiencing financial difficulty for a number of reasons such as being newly relegated or under financial fair play pressure and even sanctions that prevent certain deals being possible.

    A further event that might alter the transfer window landscape is preseason injuries, unhappy players handing in late transfer requests or other unforeseeable incidents that suddenly creates a missing element for a club. As this is likely to occur nearer the end of a transfer window, this becomes somewhat of an emergency transfer. However, most clubs will be eager to commit a significant level of back-up investment funding to ensure they are not left short on a certain position. This is what an agent is paid for, operating under highly time-pressured situations and complex environments and producing a successful outcome for a client.

    Agents must not be seen as wasting the time of people within clubs or a player. This will damage the relationship one might have with prospective clients and be detrimental to the reputation that the agent holds within the industry; meaning that future deals with these clients are less likely. A lot is to be considered and many conversations are necessary to establish where an agent can offer their services in order to obtain a desirable outcome for all parties. Whether representing clubs or players, attributes such as age, personality, skillset, strengths, contract status, wage demands, loan or buy, and other clauses play a part in whether a deal is feasible and likely rather than being unrealistic. An agent must have a profound ability to monitor and study the market and have a high standard of comprehension of what certain clubs look for which is affected by their culture, owners, team chemistry, manager, formation, finances, style of play and otherwise.

    Deadline Day

    Deadline day, in any national association, is often the most eventful day in the footballing calendar for the majority of fans. It can be an emotional rollercoaster filled with hope and despair. For agents, it is just as eventful and can test their professional aptitude to the limit. It is the last chance to finalise deals and as if they hadn’t had enough phone calls already during the window, deadline day can reach a whole new level.

    Hopefully everything has been put in place that is needed beforehand and sometimes it might be a matter of putting pen to paper and passing a medical. However, it is not uncommon for a deal to almost start from scratch in the early hours of deadline day and be concluded, or sometimes fall through in the dying hours. An agent has a large responsibility in mediating all of the activity during deadline day and ensuring that their client is looked after and their best interests are protected.

    It is possible that the rushed nature of deadline day can cause an agent to compromise to an extent that they would not have gone to if it wasn’t for the high-pressure circumstances. It is integral to remember to serve the best interests of their client and to not agree to a deal that is not absolutely suitable and reflects the value of their client. The agent must have enough knowledge and information to prevent such an occurrence and to know the value and interests of the client that withstands the intensity of deadline day.

    Further Considerations

    Football transfers are complex entities in themselves. However, an agent must account for a far broader spectrum of factors when serving the best interests of their client. These additional considerations are a vital part of any transfer, particularly relevant when representing a player, but could also be seen from the opposite side of the deal for a club looking at prospective signings. They go far beyond football yet can play a significant deciding factor in whether the transfer materialises as a success on the pitch.

    For a foreign player moving to a new national association, an agent must ensure they have thoughtfully discussed the lifestyle that the player would move into. There have been well-documented examples of players who have struggled to settle into new countries and leagues for a variety of reasons. Fitting into a new culture and society and sometimes a new language can be difficult for anyone, especially when they have to go out and perform in front of audiences in the millions.

    It may seem simple but it is absolutely fundamental to show a player that they are going to enjoy where they are moving to. This includes, but is not limited to, their living situation, their religious beliefs, the coach that they will be playing under and often most importantly, does it suit their young family.

    Consequently, agents will have to deal not just with the player themselves. Families have a large influence on whether a player is willing to move to a certain club. In order to carry out their roles and responsibilities most effectively, the agent must have a strong relationship with the family of the player as well. They must openly communicate with them and unbiasedly decide whether or not this is a sensible and family-friendly move for them.

    Similarly, the agent must open up a dialogue between the coach and the player and maybe the sporting director and other staff. This is important as the coach or club staff member may have had a previous relationship with the player and can help them to understand the club that they might be moving to. Even without this prior relationship, it is an opportunity for the player to suss out and consider the coach they would be playing under and the club they could be a part of. This should take place over a transfer window as it can enormously help the client make an informed decision and agree personal terms in order to complete a deal.

    The other considerations that an agent must make are also related to off-field business. In the modern era of football, commercial value, image rights and boot deals are the norm and have a perhaps surprisingly large effect on negotiations. The agent must also obtain knowledge prior to the transfer window that helps them implement these factors into negotiations and the contract that is eventually agreed upon or rejected. Knowledge of the value of their client is imperative.

    Conclusion

    In summary, the summer transfer window presents an array of opportunities for an agent. This is their chance to play a large part in progressing the career of their client. Its importance must not be overlooked and an agent must do their due diligence to ensure they are appropriately and adequately prepared for the window.

    There is a lot to consider for a transfer window from the eyes of an agent as the busiest time of the year. Whilst keeping the family up to speed as well as appeasing and negotiating with sporting directors and other staff, it is a balancing act to maintain the chances of a successful outcome that fulfils the best interests of their client.

    The Future of Football Agents: Predicting the Unpredictable


    Introduction

    Over the last three weeks we have delved into two different areas of football agency; the history of the profession and where it all began, and more recently we assessed the work of a modern agent plying their trade in the present era of football. These were objective accounts of what has happened before and what is happening now in the ever changing and evolving world of football agents and the sport itself. The internet has many accounts of both of these topics and the facts, figures and details are documented and expressed to explain every aspect of the past and the present.

    Whilst the fundamental skills and knowledge required of an agent have remained constant over time, I demonstrated last week that the scope of the work that an agent applies these assets to has broadened exponentially as agency has become a multifaceted profession. Additional capabilities have become integral to the role that an agent plays in the career of their client; from commercial and business knowledge to legal understanding and a savvy prowess over social media. Regardless, we are able to define and outline what the agency profession entails in the modern era of the beautiful game.

    Perhaps, then, the most important question is where is the football agency occupation heading next? The answer is not objective and calls for calculated speculation. It is not possible to research factual information on what future awaits the profession. However, it is an intriguing proposition that presents several undisputed predictions. It can be guaranteed that, inevitably, the role of an agent will continue to expand and adapt in alignment with the evolving nature of football. Furthermore, the outlook and positioning of agents inside the sphere of football will change, which I will explore in more depth.

    In this blog I will offer my attempt to make some other, more debatable, key predictions for the future of my profession. Some of these predictions might seem to imply drastic changes to the industry whilst others are simply a continuation of the pattern of change that has already been seen in recent years and since the emergence of agents in football and wider sport. Some are more speculative than others but all of them are alterations to the role of agents that I believe warrant genuine consideration as possible outcomes which may be reached from the direction in which football agency is going.

    From Player Representatives to Sports Agents and Club Agents

    There has been a gradual move in this direction already over the last few years. Player agents at the top end of the industry have begun to act on behalf of clubs, coaches, TV presenters and even sporting directors. I believe it is just the beginning of a limitless diversification in the clientele that current football agents will face in the future.

    First and foremost, ‘club agents’ will likely become set as a norm within the agency profession. With FIFA’s new regulations coming into force imminently, there is a higher rate of commission remuneration obtainable through representing the selling club or the exclusively permitted dual-representation of the player and buying club, and I expect agents to become the representatives of clubs more frequently than of players. This will see a shift in the primary roles and responsibilities of an agent as the job is no longer caring for an individual human being but instead, the task is representing and attaining the best interests and outcomes of an entity, in the form of a football club.

    For similar reasons, I also believe that agents will also be more prone to representing clients commercially rather than concerning themselves with employment contracts at football clubs. Those agents that continue to represent players are once again restricted on the percentage of commission they can take from the contracts that they negotiate with clubs. A far higher commission of up to 20% from commercial endorsements and player sponsorships is likely to be far more attractive to agents.

    The commercialisation of football shows no sign of diminishing. More and more commercial opportunities are becoming available to players as the age of technology, social media and the extraordinary fame and public spotlight that accompanies being a professional footballer, comes with the perks of attracting interest from major sponsors. The marketability of player clients is continually improving as they develop their own personal brand through the most modern and popular forms of promotion such as Tik Tok, Twitch and Instagram.

    The increasing number of platforms on which players can have a presence and influence on wider society correlates with a rise in commercial interest and the value of endorsement contracts as brands vie for the best talent to push their products into the public sphere. The modern world of football and wider sport encapsulates a significant commercial aspect and agents will continue to broaden their roles to fulfil these demands. Importantly, this is likely to also be a growing aspect of representing female clients. The rapid growth and expansion in the financial backing and popularity of the women’s game will be reflected in a rise in the number of agents that represent female players and invest vast amounts of time in seeking commercial endorsements for their clients.

    There are other unpredictable elements that may play a significant role in the future of football and, consequently, for agents. Cryptocurrency, NFT’s and e-Sports are examples of relatively new phenomena that are gradually becoming intertwined within football and other sports. Once more, one would imagine that these will have a part to play in the future and agents will have to add yet another skillset to be able to fulfil their role in acting in the best interests of their client. Whilst already playing a role in financial guidance for clients, agents may, to some extent, engage with ventures such as crypto or NFT-asset management or perhaps securing a source of income for their clients in futuristic technological areas such as e-Sports and Twitch.

    Evidently, agents will no longer be just ‘football agents’. I believe the more appropriate term in future will be ‘sports agents’. This incorporates more of what the work of an agent will likely entail across all of the sports world. From representing clubs to advising their clients on developing as a brand and commercial entity, agents must understand how best to serve their client in the future world of sport.

    This future world incorporates the commercial side of sport and I also believe will lessen the narrowed approach of agents to a singular sport. As the more prominent responsibilities of an agent become dealing with off-field activities and interests of their clients, the sport they play is less important. Instead, I predict that agents will broaden their client base across many sports, from athletics to basketball to golf. I think that agents operating in a singular sport will become less common and less focussed upon the sport being played but rather the off-field opportunities of their clients.

    Importantly, as I mentioned last week, a good agent will not endeavour to carry out all of these responsibilities in all of these sports and areas alone. Whilst I’d advocate for possessing a basic overview or understanding of every venture the client goes for, the skill in the task lies in the ability to delegate to experts. It is the agent’s role to manage all of these outsourced and external team members and ensure that everyone is working in conjunction; aiming to achieve the best possible outcomes that are in the interests of the client. It would be ludicrous to think that one individual could be an expert in every facet or every sport I have mentioned but they must be an expert in directing and leading a team with the same mutual goal on behalf of the same client.

    The Issues in the Lower Leagues

    From what I have predicted so far, a lot of the extra responsibilities that I suggest will become an integral part of an agent’s career rely on the client having a considerable amount of public popularity and global status in order to build up off-field opportunities such as personal brands and monetising social media channels. However, the future of lower leagues in football has a collateral impact on the agency world too. Many agents operate solely within these leagues during their careers and this is an area that could suffer in the future.

    With the new commission cap regulations implementing a hard cap on agent remuneration, it may prove difficult to make a living from clients in lower divisions of football. The consequences of this may be a fall in the number of agents, particularly those working within lower leagues, as they are unable to achieve financial sustainability through the profession. Alternatively, this could have an additional negative effect as agents in that region could seek to find different ways of sourcing more income or unethical practices. Perhaps they will simply have to take on large volumes of clients which inevitably is of detriment to the holistic and personally-targeted service that they would be able to provide to each individual client.

    This may further encourage agents to adapt into different areas of the industry such as representing clubs or other more lucrative clients rather than players at the lower end of professional football. However, it is my hope that this concern and genuine fear might be realised and acknowledged by the policy makers within football. A revision of the regulations to include factors such as tiered commission cap restrictions in order to maintain the survivability of agents operating in lower divisions may occur at some point. This would avoid these negative outcomes and the decline of agents that are vitally willing to work with players that are not in such a category that opens up a vast array of off-field opportunities.

    Political Advisors

    Another significant trend that has emerged as a component of the growing fame and attention that players receive is an increasing readiness to openly express their opinions of the world. Well-known players are utilising their position to share their thoughts about topics far away from the world of football such as politics, economics, inequality, religion, world hunger, animal cruelty and other global points of public discussion.

    In the future, I believe this pattern will continue. The power, status and influence that players possess will become extortionate. This will open up an array of opportunities that can reflect positively upon the player or can jeopardise their careers. It will become a part of the remit of an agent to have an acute awareness of the personal beliefs and opinions that their clients hold.

    Agents will come to have distinct responsibility in ensuring that their players feel empowered to use their position to have a positive impact on a matter that they feel passionately about and that is important to the world beyond football. However, they are also responsible for assessing the consequences of being outspoken on sensitive topics and suggesting the best manner in which a player can deliver their opinions to the world. In this situation, the agent will have to offer informed guidance to try and achieve the outcome that their client desires such as meaningful change or positive political action.

    The future magnitude of ‘player-power’ offers dangers and rewards aplenty. The future agent will likely be obliged to carry out the thankless task of monitoring how their client conducts themselves and uses, without abusing, this power. Ultimately, the

    agent’s main role is to care for the client. In the future, the extent of this care across elements of their client’s lifestyle outside of football or the sport that they play, will broaden, and the agent must keep up with such changes and be able to fulfil their overriding duty.

    Incorporating Data and Analytics

    One of the major driving factors behind the future of agency is technology. The advancement of all things tech-related underpins the growth in social media platforms and the ability to market clients. However, another area that technology is increasingly having a presence within is in contract negotiations for employment contracts and transfer deals. There have already been examples of how data and analytics that are collated by technological computer programs and analyst teams can be used in contract negotiations. Most notably in recent times, Kevin De Bruyne of Manchester City, one of the finest midfielders in the game, negotiated a contract worth an estimated £83million after bringing in data scientists as part of his team which saw him become one of the highest paid players in the league.

    A drastic, sceptical suggestion to this example could be that there is no future for agents as data analytics and experts can be used instead to demonstrate to the club the on-field and off-field value that a player holds. However, there are two significant factors in this proposition which I argue make this an unlikely eventuality.

    The four-year deal that ‘data’ obtained for KDB was not solely thanks to the analysts who presented the statistics. He still entered the contract negotiation with a team around him; his father, his lawyer and importantly, his two agents from Rockstar Sports. This is a telling indicator that players still seek the advice and knowledge of agents.

    Whilst data played a vital role in helping the agents, alongside De Bruyne, to demonstrate to the club that he was worth forking out £83million (an extra 30% on what he was earning previously) for over four years, it was still the agents who played the pivotal role of getting the deal over the line. The bottom line is that footballers do not want the burden of responsibility for this aspect of the industry to lie with them. Their job is to focus upon performing on the pitch and even if they can call upon data to help with finalising contracts, there will always be a desire for agents to take on the responsibility of ensuring they are getting the best deal possible for their client.

    Secondly to note on such a deal is that the level of data and off-field value that the data scientists were able to present to Man City were only possible because of the calibre and status of a player such as Kevin De Bruyne. It is far-fetched to think that, in the future, players that are in a lower division or even those not in the top bracket of top divisions will also call upon data and statistics. This would most likely not be the most realistic and cost efficient way of finalising a new contract and would fail to produce any significant advantage over what an agent could have done. Hence, I conclude that the future of data statistics and agency is, instead, one of harmony and mutual benefit. Agents can utilise data as a useful tool as and when it is appropriate and advantageous in reaching a more preferable and lucrative agreement for their client.

    Summary

    Over the last three weeks our blog has transitioned from the birth of football agency to a look far into the future of the fascinating profession. It is clear that no one day is ever the same in such a role and the responsibilities demanded within the remit of the job are ever-evolving and moulding in alignment with the flow of the beautiful game. It is difficult to predict which direction football agency is headed next or which upcoming phenomenon will have an impact on our careers but hopefully the insights we have shared provide food for thought for how agency might look in the near and further future.

    The Work of Football Agents: What We Do, The Skills Required and How it Has Changed


    Introduction

    Last week, we explored the foundations, evolution and history of agency in football. The blog went on a journey from the first examples of football agents to the ‘superagents’ that are labelled in modern football. Whilst the terminology has remained more or less the same over this time; the roles, responsibilities, opportunities, challenges and demands that are encapsulated under the job title of ‘Football Agent’ have altered and diversified dramatically.

    In this blog, I will firstly go into more detail of the disparity in the shift between traditional and original agency and the work that football agents do today. Then I will go on to breakdown and assess the broad scope and tasks that are within the remit of a modern football agent.

    Then Versus Now

    As I touched upon last week, the work of football agents began in contracts and transfers of players between clubs in the day and age of wage restrictions and narrow trade streams and channels. The crux of the role hasn’t changed, many football agents still engage in sourcing and negotiating suitable transfers or contract extension deals for their player clients. The major difference is that they now have an additional list of opportunities that they must consider for their client and some may even choose to work just in these other areas rather than on the contractual playing side.

    The role of an agent has become holistic and all-encompassing. Whilst the fiduciary responsibility of holding a sense of duty and loyalty to their client to act in their best interests remains the absolute imperative principle of representation, this applies across an unprecedented scope of opportunities. An agent’s ability to act as a legal representative in procuring and negotiating deals and contracts remains paramount and integral to the role. However, more so for agents who manage clients that are particularly in the public eye, their job involves far more than simply negotiating a three-year extension on their employment contract or a possible transfer to a rival second-tier side on behalf of their client.

    In one sentence, the modern definition of a successful agent that could thrive in the present era of football is an individual who has a diverse skill set across finances and investments, legal comprehension, contractual knowledge, commercial business, social media, branding and marketing, multi-lingual, personability and, of course, a refined and enthusiastic understanding of football.

    The slight change in terminology for the ‘middlemen’ in football may go some way to showing the extent to which the job of an agent has altered. There is a debate in modern football around using the term ‘intermediary’ to describe the work of football agents. It is a new term that has been used and implemented by FIFA. The definition of intermediary is a person who “acts as a link between people in order to try and bring about an agreement”. In other words, they are a mediator. This seems to imply that agents are proactive in their role. Previously this may not have been the case as agents represented clients and negotiated contracts to transfer teams or to stay at a club as and when it was required. Nowadays, an agent must be forthcoming in going out and finding further opportunities, particularly outside of football that their client might benefit from.

    The Age of Social Media and Commercialisation

    Modern football has globalised and commercialised exponentially over the last couple of decades. As a result, the potential of commercial partnerships, sponsorships and endorsements that comes as part of the package of being a top level footballer in this era has integrated itself into the demands of an agent from their client. They are tasked with seeking, handling and establishing these relationships and sources of income for their client and must have a commercial business understanding of which opportunities are best suited to the ‘personal brand’ of their client.

    Helping a client to develop and grow their personal brand is something that agents can and should play a big part in. A successful agent is able to relate to and understand the player that they are representing and the personality, motivations and aspirations behind them as a human individual and as a high-performing athlete and competitor. By being able to do this, the agent can skillfully mould and present the personal brand of their client in alignment with the real person rather than a false pretence. This brand is then promoted to the public in a manner that helps the client establish themselves in the mainstream of the public eye and facilitates appropriate endorsement opportunities and other revenue streams.

    A branch of promoting the individuality of a client is encouraging them to utilise their position in the spotlight for the greater good. Previously, footballers were focused almost solely on the sport that they played. As times have changed in football, the influence that the players have on the public domain has increased. There is a rising number of footballers who outwardly express their passionate opinions and beliefs around political issues, religious faith or charitable initiatives. This allows the public to relate to them as ordinary humans and connect with them based upon mutual thoughts and feelings.

    An agent now carries the burden or advantage (depending on perspective) of advising their clients on how best to go about expressing potentially controversial statements. The agent must offer guidance and ensure that whilst the player feels comfortable and able to use their position to try and achieve what they believe is the greater good or at least a positive change, they must also reinforce the appropriateness of delivery that prevents any threat to or detrimental impact upon the client’s career. This extends to keeping their employers, football association, sponsors and, sometimes most importantly, their fans, happy.

    There have been several driving factors behind the changes seen in the positioning of players in the public sphere and consequently, the role of an agent in looking after them. The globalisation and commercialisation of football has been a gamechanger for the possibilities for a client. As the popularity, financial wealth and commercial value of the sport has grown across the world, more corporations and industry-leading businesses are willing to invest substantial sums of money into the game. This began with major sponsorship deals for shirt sponsors, stadium naming rights and television broadcasting. The scope for these sponsorships has now extended to almost every element of a football system such as trophies, training kit, boot deals, leisurewear, matchday programmes and stadium advertising and links football with clothing, airline, timekeeping and even betting and alcohol partners. These endorsement deals can target and benefit players and it is the role of a modern agent to identify which ones to engage with.

    Football as a whole has become extraordinarily popular. However, the impact has filtered down onto players and their agents. The emergence of social media has been a forceful driver of this. Players themselves have become heavily commercialised and some could claim to have more power than the clubs they are a part of. Players are accessible by millions of fans all across the world through engaging with them on social media. In instances where players have more of a following than the club they are a part of, they are able to influence decisions and their commercial value to the club is exceedingly high.

    This popularity can be channelled and materialised in various ways. Especially for the top players, their position facilitates a diverse range of personal branding and promotion opportunities. In my case, identifying the status that Mesut Ozil held after winning the world cup was enough to warrant a major launch of a personal trademark brand and logo in 2015. This developed into the M10 brand and opened up new and exciting avenues through things such as clothing lines and sports apparel as well as the future of NFTs which I will detail in the next edition of the blog. With Mesut, I also manufactured a boot deal agreement with Concave which takes a similar structure to Michael Jordan’s deal with Nike and Air Jordan. It was important that I had the knowledge and ability to be able to support this venture and advise and assist in a productive manner whilst also outsourcing to social media and marketing experts.

    The role of the agent here is to ensure that their player is properly valued. Traditionally, the signing of a player by a buying club would be based upon their ability to perform on a football pitch. In the modern era, this is no longer the case. Players have their own commercial value that they can bring to a club which creates nuances and opportunities that an agent must understand in order to ensure a fair deal is reached. A player with a large fanbase and a global influence can attract large sponsorship deals and sources of revenue through things such as shirt sales for the buying club. A knowledge of image rights and commercial value as well as general business and financial aptitude is imperative for an agent to achieve a desirable outcome for their client in these situations.

    Club Agents

    In any single transfer deal in history, several agents may have been involved. In recent times it has become more common for buying and selling clubs to seek a more simplistic process by using the same agent in a multiple representation agreement. However, with the new regulations coming into force set to prohibit this it is likely that more than one agent will be involved in any transfer deal once more. Importantly, the new legislation prevents multiple representation in every circumstance except for acting on behalf of the player and the buying club. Any other conflict of interest will no longer be possible and will alter how agents operate within a deal.

    One way that the responsibilities of agents have changed is that there is now more of a tendency for operatives to take on the role of representing the clubs involved in a deal. They have created an alternative version of the profession that can be referred to as ‘club agents’. This line of work involves the same duty of acting in the best interests of the client but in order to achieve the most desirable outcome for the buying or selling club.

    Mandating has become a norm within football agency. Clubs are identifying players that they are interested in and providing mandates to agents in order for them to try and push for a deal that suits the club. This is a further reason that emphasises the importance of agents establishing networks within clubs as it gives them access and credibility in order to be well-equipped to carry out such a deal. Whilst agents that represent players are still very common, the emergence of club agents has increasingly widened the scope of demands upon the ability of football agents in the modern era. However, the underlying principles of the profession remain the same; to procure and negotiate a contract in the best interest of their clients, whether that be for a player or for a club.

    Summary and the Ability to Collaborate

    This blog has examined the work of a football agent in this modern era of the game. It is evident that to be a successful agent requires a diverse and comprehensive range of skills and knowledge to allow individuals to operate in football and achieve the best outcomes for their clients.

    An important point to note is that whilst it is integral for agents to hold a diverse range of skills and at least a foundational understanding and comprehension of many facets that modern football players are involved with; it is important to recognise that in order to best serve their client, an agent must be prepared and willing to outsource work to experts in certain fields. It may be required, particularly for the top players, to form a suitable team around them in order to support the range of their ventures. For example, using social media companies, marketing specialists, lawyers and financial advisors can only enhance the service that the player receives from a supporting team which is constructed and managed by the agent who themselves have a brief understanding of each specialist area but will most likely only provide basic preliminary advice before bringing in experts.

    Next week I will delve into how the role of an agent might continue to alter alongside the ever-evolving world of football. What do you think the next 50 years of football agency might look like?