Author: Jon Guest

Some eyebrows were raised when the English Premier League (EPL) recently published the final payments to each of the clubs from the revenue generated by the latest TV deal. The headlines were that Liverpool received the highest individual pay-out of £97,544,336! Cardiff City received the lowest pay-out of £62,082,302. What caught the eye of the headline writers was that the revenue from the lowest pay-out this season (the payment to Cardiff) was greater than the highest pay-out from the previous season (a payment of £60,813,999 to Manchester United).

The 2013-14 season was the first year of the latest 3 year deal for the rights to broadcast EPL games on the television, internet and radio. As part of this deal BSkyB are paying £760 million each year for the rights to broadcast 116 EPL games per season in the UK. BTSport are paying £246 million per year for the rights to broadcast 38 EPL games per season. In addition to selling the rights to broadcast games in the UK, the EPL also separately sells the rights to broadcast games in other countries. For example Cable Thai Holdings paid £205 million for a 3 year deal to show EPL matches in Thailand while NowTV paid £128 million for a similar deal in Hong Kong. In total the EPL earns approximately £1.8 billion per season from the sale of their domestic and international media rights.

The approach taken by the EPL to manage the sale of the broadcasting rights has raised considerable debate amongst economists and policy makers. There are two very different methods that can be used by teams in a league to sell the rights. They are the Individual Sales Model (ISM) and the Collective Sales Model (CSM). In the ISM each club is responsible for marketing and selling the rights to broadcast its home games. The ISM is currently employed by both La Liga in Spain and Primeira Liga in Portugal. In the CSM the rights are sold jointly by the league, federation or national association on behalf of the teams involved. This CSM is currently used by the majority of the football leagues in Europe. The EPL sold the rights for 2013-16 on behalf of the 20 clubs using a sealed bid auction.

Some economists and policy makers have criticised the CSM, claiming that it is an example of a cartel that simply restricts output and leads to higher prices. Each club is considered to be the equivalent of a firm in a traditional industry. The argument is based on a number of observations about the teams. They:

• are each separately owned and submit their own individual set of accounts
• compete with each other to buy inputs (i.e. the players) to produce an output (i.e. a match)
• individually market and set the price for the outputs they produce i.e. the ticket for the games and the prices of the merchandise such as football shirts

If this view of the industry is taken, the league or federation looks rather like a restrictive agreement between independent competitors that creates monopoly market power. As evidence to support this interpretation of the CSM, reference is often made to the details of the contract between the EPL and BSkyB and BTSport. As part of this agreement the number of live matches that can be broadcast is restricted to 154.This represents just over 40% of the maximum total of 380 that could be shown. Teams are effectively prohibited from individually selling the rights to matches that are not selected for broadcast in the collective deal as they must seek permission from the EPL. Over ten years ago the Director General of the Office of Fair Trading commented that:

Within the market the Premier League has a major if not unique position. By selling rights collectively…it is acting as a cartel. The net effect of cartels is to inflate costs and prices. Any other business acting in this way would be subject to competition law and I see no reason why the selling of sport should be treated differently.

The EPL has always defended it actions by claiming that any increase in the number of televised games would have a negative impact on the attendance at matches.

An alternative view focuses on the peculiar or unique characteristics of sports leagues. In particular it is argued that sport is unusual because the level of co-operation required between the teams and a league to produce matches is far greater than that required by firms in other industries to produce output. Agreements have to be made about issues such as the timing and venue of the games as well as the rules under which they will be played. However unlike a traditional cartel arrangement these agreements do not simply control and restrict output. They also improve the entertainment value of the game and hence the quality of the product. Some authors have argued that because of these unique characteristics, the league rather than the individual team should be considered as the equivalent to a firm in a more traditional industry. In this ‘single entity theory’ teams are viewed as divisions of a single organization i.e. the league. The league is treated as a natural monopoly that legally owns the broadcast rights of the clubs rather than a cartel of separate firms. Others have argued that it is more sensible to think of the league as a joint venture between the teams.

Not only are the levels of co-operation required much greater than in traditional industries but it is also argued that competitive balance is important for a successful league. If the same teams always win most of the games then there are concerns that fans will find this boring and it will reduce their willingness to pay to watch matches in either the stadium or on television. It is argued that the CSM makes it easier to distribute the TV money more equally and so helps to maintain competitive balance in a league. The White Paper on Sport published by the European Union in 2007 stated that:

Collective selling can be important for the redistribution of income and can thus be a tool for achieving greater solidarity within sports.

The debate continues about whether the CSM used by the EPL is an example of a restrictive cartel which acts against the public interest or a business practice that helps to improve the quality of the product for the customer.

Premier League clubs earn record-breaking sums thanks to TV bonanza The Telegraph (14/5/14)
Liverpool top earners over season with £99m – and bottom side Cardiff got £64m (so see what your team received in 2013-14 Mail Online (11/5/14)
Cardiff earn more TV cash than champions Man Utd did in 2013 BBC Sport (14/5/14)
Relegated Cardiff Earn More TV Revenue than Man Utd Tribal Football (14/5/14)
TV Bonanza for Premier League Clubs Pars Herald (18/5/14)
Season of woe hits home in money league Express & Star (15/5/14) .

Questions

  1. What is a natural monopoly? Draw a diagram to illustrate your answer.
  2. What is a cartel? Find three real-world examples of cartel agreements.
  3. It was explained in the article how the EPL sells the rights to broadcast just over 40% of the total number of matches played per season. Draw a diagram to illustrate and explain how this might be an example of a cartel agreement that restricts output and results in higher prices.
  4. The EPL defends its decision to restrict the number of games that can be televised in its domestic deal by claiming that any increase would have a negative impact on attendance at the matches. To what extent do you think that watching a live game on the television is a substitute for watching it in the stadium? Draw a demand and supply diagram to illustrate a situation where they are strong substitutes. Explain how the concept of cross price elasticity could be applied to this example.
  5. Outline how a sealed bid auction works. What are the advantages of using a sealed bid auction as opposed to other types of auction.
  6. Can you think of any other economics arguments that could be used to defend the use of the CSM for the sale of the broadcast rights?

Officials of the Club Financial Control Body (CFCB) of UEFA met on Tuesday 15th April and Wednesday 16th April to decide the fate of a number of European clubs. The job of the CFCB is to implement UEFA’s Financial Fair Play (FFP) rules. Manchester City and Paris Saint-Germain (PSG) are said to be nervously awaiting the outcome of these meetings.

UEFA’s FFP rules apply to teams who want to play in either the Champions League or the Europa League. In order to be eligible to compete in these competitions teams not only have to perform well in their domestic league they also have to obtain a license from UEFA. The application process normally takes place midway through the current season for entry into either the Champions League or Europa League for the following season.

UEFA’s FFP rules cover a broad range of issues such as requirements for clubs to pay taxes, transfer fees and players’ wages on time in order to receive a license. However it is the ‘Break Even’ requirement that has caught the attention of a number of economists. This provision limits the size of the financial losses that team can incur before they become subject to sanctions from UEFA. Some of the stated aims of the policy are to:

– Introduce more discipline and rationality in club football finances
– Encourage clubs to operate on the basis of their own revenues
– Encourage responsible spending for the long-term benefit of football
– Protect the long term viability and sustainability of European club football.

The Royal Economic Society held a special session on the potential impact of the ‘Break Even’ requirement at its annual conference in April of this year.

One key way in which the UEFA rules differ from the rules imposed in the Championship in England is that the financial performance of the clubs is judged over a 2/3 year period rather than just one. The initial assessment period is over 2 seasons – 2011-12 to 2012-13. After this the monitoring period is over 3 seasons. Teams can make an initial loss of €5 million in total over the first two year period but this can increase to a maximum permitted loss €45 million over the two years – approximately £37 million – if the team’s owner is willing to fund this loss out of their own money. Certain categories of expenditure are exempt such as the cost of building a new stadium/stand or spending on youth development and the local community.

Manchester City made a total financial loss of £149 million over the last two seasons, far in excess of the permitted £37million, but these losses are falling which may count in their favour. They made losses of £97.9 million in 2012 and £51.6 million in 2013. Also some of the club’s expenditure will have been on some of the exempted categories so that the actual losses subject to FFP will be lower. Chelsea made a profit of £1.4million in 2011-12 and a loss of £49.4million in 2012-13. Although the losses over the two seasons were greater than £37 million, once adjustments were made for exempted expenditures the club was within the maximum permitted loss so was not subject to a full investigation.

In order to implement its FFP regulations UEFA created the Club Financial Control Body (CFCB). The CFCB has two departments – an investigatory chamber and an adjudicatory chamber. The investigatory chamber does the bulk of the work by investigating the accounts of all the 237 clubs that play in UEFA competitions. It was initially reported that the accounts of 76 clubs were being investigated in some detail because it was thought that they might have failed to meet FFP guidelines. However after further investigations in February it was reported that this number had fallen to below 20 teams. The investigatory panel met on Tuesday 15th April and Wednesday 16th April in order to make its final decisions which will be announced May 5th. The body can choose from one of the four following options in each case:

– Dismiss the case
– Agree a settlement with the club – effectively putting it on probation
– Reprimand and fine the club up to €100,000
– Refer the club to the CFCB adjudicatory chamber

The last option is the most serious as the adjudicatory chamber has the power to issue more serious penalties such as

– A deduction of points from the group stages of UEFA competitions.
– Withholding of revenues from UEFA competitions.
– Restrictions on the number of players that a club can register for participation in UEFA competitions.
– Disqualification from future UEFA competitions.

One issue that concerned UEFA was the possibility that very wealthy team owners might try to artificially inflate the revenues their club’s generate so as to circumvent the rules and make it look as if the team was meeting the FFP guidelines. In particular deals might be struck between other organisations that the club owner has an interest in and the football club at rates far in excess of the normal market level. For example some concerns have been expressed about the nature of the back-dated sponsorship deal of £167 million/year signed by PSG with the Qatar Tourism Authority. PSG are owned by Qatar Sport Investment which itself is a joint venture between the Qatari government and the Qatari Olympic Committee. The CFCB have said that they will analyse these types of deals and adjust club accounts if necessary so that they reflect true market rates.

May 5th could prove to be a very significant day for some of the biggest and most wealthy clubs in Europe.

Webcast

The Economics of “Financial Fair Play” (FFP) in European Soccer (EJ Special Session) Royal Economic Society (7/4/14)

Articles

UEFA probes ‘fewer than 20’ clubs over financial fair play rules Sky Sports, (14/4/14)
Manchester City confident of satisfying Uefa financial fair play rules The Guardian (15/4/14)
Uefa’s Financial Fair Play rules explained The Telegraph (15/4/14)
Man City sweating over sanctions as UEFA prepare to rule over excessive spending Daily Mail (15/4/14)
How Bosman’s lawyer is plotting another football revolution BBC Sport (2/10/13)
Manchester City await fate as Uefa’s financial rules kick in BBC Sport (16/4/14)
Manchester City and Paris Saint-Germain face financial fair play fate The Guardian (14/4/14) .

Questions

  1. In standard economic theory it is assumed that both consumers and producers act rationally. What precisely does this mean?
  2. One of the stated aims of UEFA FFP is to ‘introduce more discipline and rationality in club football finances’. Why might the owners of a football club act in an irrational way?
  3. Consider some of the advantages and disadvantages of assessing the financial performance of a team over 3 years as opposed to 1 year.
  4. One of the major arguments made against the UEFA FFP rules is that they will lead to a ‘fossilisation’ of the existing market i.e. the current top clubs are more likely to maintain their leadership. Explain the logic of this argument in more detail.
  5. Which of the possible sanctions for breaking FFP regulations do you think would hit the clubs the hardest in terms of the revenue they would lose? i.e. Which of the sanctions would they most like to avoid?

As Leicester City celebrated promotion to the English Premier League (EPL) last Saturday (5th April) it also became the first club in England that will probably have to pay a new Financial Fair Play (FFP) Tax. This tax is not paid to the government, but is effectively a fine imposed by the English Football League (EFL) on teams who break FFP regulations.

On Tuesday 8th April 2014 representatives from all the Championship clubs met with officials from the English Football League (EFL) in order to discuss the implementation of FFP. It had been reported in February that a number of teams were unhappy about the implementation of the FFP rules and were threatening to take legal action against the league. Unsurprisingly, one of these clubs was rumoured to be Leicester City.

In April 2012, 21 out of the 24 clubs in the Championship agreed on a set of new FFP regulations. These rules place a limit on the size of any financial losses that a team can incur in a given season before punishments, such as a tax, are imposed on them. The English Football League (EFL) stated that the aim of the FFP regulations was to

reduce the levels of losses being incurred at some clubs and, over time, establish a league of financially self-sustaining professional football clubs.

Under the agreed set of rules, all teams in the Championship have to provide a set of annual accounts by 1st December for the previous season: i.e. the first reporting period was in December 2012, when clubs had to submit accounts for 2011–12. No penalties were applied for the first two reporting periods as teams were given time to adjust to the new FFP framework. However sanctions come into effect for the 2013–14 season.

For the 2013–14 season the FFP rules set a threshold of £3 million as the size of the pre-tax financial losses that a team can incur before having to face any sanctions. If a team incurs a pre-tax loss of greater than £3 million but less than £8 million then punishments from the league can be avoided if the team’s owner invests enough money into the club so that the loss is effectively limited to £3 million: i.e. if the club reports a loss of £7 million then the owner would have to invest a minimum of £4 million of his/her own cash to avoid any sanctions.

The club is not allowed to finance the loss by borrowing or adding to the level of the team’s debt. If the owner cannot/refuses to make the investment or the pre-tax loss is greater than £8 million then the team is subject to one of two possible sanctions depending on whether it is promoted or not.

First, if the club is not promoted to the EPL, then it is subject to a transfer ban from the 1st January 2015: i.e. it will be unable to sign new players at the start of the transfer window. The ban remains in place until the club is able to submit financial information that clearly shows that it is meeting the FFP guidelines.

Second, if the club is promoted to the EPL then instead of a transfer embargo it has to pay the FFP Tax. The amount of tax the firm has to pay to the league depends on the size of the financial loss it has incurred. The larger the loss, the greater the tax it has to pay. The marginal rate of tax also increases with the size of the loss.

In order to help illustrate how the tax works it is useful to take a simple example. Leicester city reported a pre-tax loss of £34 million in 2012–13. If the club managed to reduce its pre-tax losses to £15 million in 2013–14 then, given its promotion, it would be subject to the tax. If we also assume that the owners are willing and able to invest £5 million of their own money into the club then the rate of tax the team would have to pay is based on the size of its losses over £8 million in the following way:

1% on losses between £8,000,001 and £8,100,000
20% on losses between £8,100,001 and £8,500,000
40% on losses between £8,500,001 and £9,000,000
60% on losses between £9,000,001 and £13,000,000
80% on losses between £13,000,001 and £18,000,000
100% on any losses over £18,000,000

Therefore with a loss of £15 million the FFP tax that Leicester would have to pay is £4,281,000 (£1,000 + £80,000 + £200,000 + £2.4million + £1.6million). If the club instead made a pre-tax financial loss of £30,000 in the 2013–14 season, then the FFP tax it would have to pay increases to £18,681,000 (£1,000 + £80,000 + £200,000 + £2.4million + £4 million + £12 million).

It was originally agreed that the revenue generated from the FFP tax would be shared equally by the teams in the Championship who managed to meet the FFP regulations. However the EPL objected to this provision and the money will now be donated to charity by the EFL.

Based on the financial results reported in 2012–13, about half the clubs in the Championship would be subject to either a transfer ban or FFP tax in January 2015. It was reported in the press in February that a number of clubs had instructed the solicitors, Brabners, to write to the EFL threatening legal action.

One particular concern was the ability of the clubs in the Championship subject to FFP rules to compete with teams relegated from the EPL. When the original FFP regulations were agreed, the teams relegated from the EPL received parachute payments of £48 million over a 4-year period. Following the record-breaking TV deal to broadcast EPL games, the payments were increased to £59 million for the 2013–14 season.

Following the meeting on Tuesday 8th April a spokesman from the EFL said

Considerable progress was achieved on potential improvements to the current regulations following a constructive debate between the clubs.

It will be interesting to see what changes are finally agreed and the implications they will have for the competitive balance of the league.

Articles

Why Championship clubs are crying foul over financial fair play The Guardian (26/2/14)
Wage bills result in big losses at Leicester City and Nottingham Forest The Guardian (5/3/14)
Financial fair play: Championship clubs make progress on talks BBC Sport (10/4/14)
Financial Fair Play in the Football League The Football League (25/4/12)
Loss leaders – Financial Fair Play Rules When Saturday Comes (25/4/12)
Richard Scudamore: financial fair play rules unsustainable in present form The Guardian (14/3/14)

Questions

  1. To what extent do you think that the implementation of the FFP regulations will either increase or decrease the competitive balance of the Championship?
  2. An article in the magazine ‘When Saturday Comes’ made the following statement “Last season’s champions, QPR, lost £25.4m and would have been handed a ‘tax’ of at least £17.4m based on 2013-14 thresholds”. Explain why this statement is not accurate. What mistake has the author made when trying to calculate the level of FFP tax payable?
  3. Nottingham Forest reported pre-tax financial losses of £17 million in 2012-13. If they made the same losses in 2013-14 and were promoted to the EPL, calculate how much FFP tax they would have to pay under current regulations.
  4. To what extent do you think that the money generated by the FFP tax should be equally distributed between the teams in the Championship who meet the FFP regulations.
  5. Why do you think team owners might need regulations to restrict the level of losses that they can make. Why might sport be different from other sectors?

A previous article on this website (Why buy a football club?) focused on the issue of why people buy football clubs. This blog refers to the somewhat strange situation where people who have made large amounts of money from a very successful business career always seem to lose money when they invest in a football team.

The Deloitte’s report into football finance found that in the 2012/13 season only half the clubs in the English Premier League (EPL) made an operating profit – profits excluding net transfer expenditure. When the impact of transfer expenditure is included, even fewer clubs make any money. For example, the three teams battling it out for the EPL title this year, Chelsea, Liverpool and Manchester City, reported losses for 2012/13 of £49.4 million, £49.8 million and £51.6m respectively.

What makes the size of these losses even more astonishing is that they have occurred in a period when the revenues earned by the top clubs have increased rapidly. In 2004/05 the combined revenue of the 20 EPL clubs was £1.3billion. By 2011/12 this figure had increased to £2.36 billion.

Given these rapidly rising revenue streams, the main explanation for this poor profit performance is the growth in players’ salaries. It has been estimated that approximately 80% of the increase in revenues generated by the team in the EPL since it began in 1992 have gone to the players in higher wages. In 2011/12 the total wage bill in the EPL was a staggering £1.658 billion, with an average wage bill of £83 million per club. The average weekly wage of a player has doubled over the past six years and is now estimated to be between £25,000 and £30,000 per week.

One deal which recently hit the headlines was that of Wayne Rooney who signed a five-year contract with earnings of up to £300,000 a week or £15.6m annually. However, Mr Rooney is still a long way short of the highest paid sports star. When based on wages and win bonuses, Forbes reported this to be American footballer, Aaron Rodgers, who was paid £25.75m in 2012-13!!!

One major factor that can partly explain this rapid increase in players’ pay is the increased competition for their skills. The potential impact of the transfer system on players’ mobility and wages was discussed in an article on the website in December (Recent challenges to the football transfer system). The career of Tom Finney provides an interesting case study of the impact of the monopsony power that the transfer system and maximum wage used to give the clubs.

Finney was one of the most talented footballers of the 1940s/50s but he played at a time when there was still a maximum wage and a transfer system that was far more restrictive that it is today. He first played in the youth team for Preston North End in 1936 aged 14. Apart for a three-year period between 1942 and 1945 when he served in the army during the Second World War, he remained with Preston for his whole career. He finally retired in 1959 at the age of 38 having scored 210 goals in 473 appearances. He also played in three World Cup final tournaments and scored 30 goals in his 76 international appearances for England.

When he died in February of this year many people talked of his loyalty to Preston and the fact that he only earned £20/week when he retired (the maximum wage at the time) and had to supplement his income by working as a plumber. However, interestingly in 1952 an Italian club – Palermo – tried to sign Finney from Preston on a deal which would have paid him a basic weekly wage of £32.25, a bonus of up to £100 per week and a signing on fee of £10,000. At the time he earned the maximum wage of £14 per week with Preston and received a win bonus of up to £2 per week. Palermo also offered him a luxury Mediterranean villa, a brand new sports car and unlimited travel between England and Italy funded by the club. Unsurprisingly, Finney was tempted by the deal and commented that:

There was a genuine appeal about the prospect of trying my luck abroad, not to mention the money and the standard of living.

However, because of the transfer system in place at the time, Preston could block the move. The chairman explained to Finney:

Tom, I’m sorry, but the whole thing is out of the question, absolutely out of the question. We are not interested in selling you and that’s that. Listen to me, if tha’ doesn’t play for Preston then tha’ doesn’t play for anybody.

The club also announced that they would not consider selling Finney for any transfer fee below £50,000. Palermo had offered £30,000 and the transfer record at the time was less that £20,000.

It is highly unlikely that football will ever return to a type of transfer system and maximum wage that gives the clubs the sort of monopsony power they had in Finney’s days. However a new set of policies have been recently agreed and introduced to try to slow down the increase in players’ pay. Financial Fair Play rules set limits on the size of financial losses that clubs can incur over a three-year period. If these rules are broken, then UEFA could prevent the guilty team from entering lucrative competitions such as the Champions League. The EPL also has the power to award points deductions.

With the combined revenues of the 20 EPL clubs forecast to increase by 24% to £3.080 billion in the 2013/14 season, it will be interesting to see how much of this money improves the financial performance of the clubs and how much goes into players’ wages.

Articles

Questions

  1. Draw a diagram to illustrate the impact of a maximum wage on a perfectly competitive labour market and explain your answer.
  2. Analyse the impact of the maximum wage on worker surplus, firm surplus and deadweight welfare loss. Draw a diagram to illustrate your answer. Comment on the impact of the maximum price on economic efficiency.
  3. Draw a diagram to illustrate the impact of a maximum wage on a monopsonistic labour market. Assess its impact on economic efficiency.
  4. Some authors have argued that the Financial Fair Play regulations are a form of vertical restraint/agreement. What is a vertical restraint?
  5. Find an example of a vertical restraint in a different industry. What impact will it have on economic welfare?

Most football fans will probably never have heard of an organisation called FIFPro but, if it is successful, the labour market for football players could change quite radically.

FIFPro represents over 65,000 players from around the world. It is effectively an international trade union whose main objective is to promote the interests and defend the rights of professional football players. Its president, Philippe Piat, has recently announced that the organisation will challenge the way the current transfer system operates and is prepared to take its case to the European Commission and the European Court of Justice.

FIFPro’s argument is that players are being exploited under the current system. This may seem difficult to believe in the week when Luis Suarez signed a new four-and-a-half-year contract at Liverpool with earnings of £200,000 per week. However, referring to the transfer system, Piat stated that:

These legal and monetary shackles binding footballers to their current clubs can no longer be accepted and upheld. Football players are workers and only when they are able to enjoy the rights enshrined in law and enjoyed by all other workers, will Fifpro be satisfied.

In order to understand this argument, it is important to understand how the transfer system has evolved and how it now operates.

When the Football Association (FA) first accepted professionalism in 1885 it introduced a registration system. Before this reform it was possible for players to play for different teams each week. The new system meant that players had to register with a club at the beginning of each season. If a player was not registered with a team he was not allowed to play. He could only change team mid-season if his current club and the FA agreed to the transfer of his registration details to a different team. However, a player was free at the beginning of each season to register with a different team. Therefore there were no constraints on his mobility between teams from one season to another.

Significant changes were made to the system in 1893 when the retain-and-transfer system was first introduced. The new scheme allowed teams to keep retaining players they had initially registered for another year. This effectively meant that when a player was signed by a team he was tied to that team for as long as they wanted him. The mobility between clubs from one season to another had been removed. This gave the clubs significant monopsony power in the labour market. If a player wanted to change teams, he had to make a transfer request but the team was under no obligation to put him on the transfer list and allow him to move. Teams could decide to put players on a transfer list and would only allow them to leave if an agreeable level of compensation (a transfer fee) was offered by another team. A maximum wage of £4 per week was also introduced in 1901.

The system was periodically challenged and a number of minor changes were made. In particular, the conditions under which a player could be retained by a club were gradually altered. Originally a player could be retained by a club even if his contract was not renewed. Effectively a team could stop a player moving to another club by holding onto his registration without having to pay him. This was changed so that a minimum wage had to be paid to a player if he was to be retained by the team that held his registration.

The first major change to the system came in 1963 from a player called George Eastham. In 1959 he failed to sign a new contract with Newcastle United and made a transfer request which the club promptly rejected. Although they did eventually allow him to leave and join Arsenal, he still took his case to the High Court and the judge concluded that the retain-and-transfer system was an unreasonable restraint of trade. Following this judgment the system was amended so that, in order to retain a player, a club would have to offer the player a new contract with terms and conditions which were at least as good as the previous one. If this was done, then a player could be retained by a club and his registration would only be released if an acceptable transfer fee was offered by another team.

Perhaps the biggest change to the system was made in 2001 following the famous Bosman ruling. Jean-Marc Bosman had wanted to move to the French side Dunkirk, but FC Liege, the club that held his registration, demanded a transfer fee that Dunkirk were unwilling to pay. Bosman took his case to the European Court of Justice and in 1995 a decision was made that the system was in breach of European Union law on the free movement of people. Following this ruling, an informal agreement was reached between the European Commission, FIFA and UEFA. From 2001 players over the age of 23 were free to leave their clubs once their contracts had expired. Transfer fees no longer needed to be paid for players who had reached the end of their contracts.

In September 2013, Mesut Özil joined Arsenal from Real Madrid on the deadline day of the transfer period for a reported fee of £42.5 million.

Although the ease with which players can change teams has significantly improved over the past 50 years, they still face constraints on their labour mobility that are unusual for employees. Most workers simply have to give a period of notice in order to change employer. These vary between jobs but are not usually longer than 3 months. FIFPro’s argument is that professional football players should have these same rights. This would allow Luis Suarez to leave Liverpool at any point in the next four and a half years without any transfer fee having to be agreed. He would simply have a serve out a short period
of notice and then he would be free to join any other club. Under the current system he would have to wait four and a half years until the
end of his contract before he could leave without a transfer fee having
to be paid.

Whenever the transfer system has been challenged the football authorities have always used the same defence – sport is different from other industries because of the importance of maintaining an appropriate level of competitive balance. It is argued that the ease with which players can change clubs needs to be restricted in order for this level to be maintained. Ultimately a judgment will have to be made between this argument and the principle of freedom of movement.

Articles

Fifpro to launch legal challenge against transfer system because it shackles players The Telegraph (17/12/13)
Who gains from Fifpros world without transfers? What a surprise the rich The Telegraph (18/12/13)
Fifpro’s tilt at the transfer market is to be welcomed The Guardian (18/12/13)
Players’ union Fifpro to take transfer system to European courts The Guardian (17/12/13)
The 1960s The PFA.COM (18/12/13)
Luis Suarez signs new long-term Liverpool deal BBC Sport (20/12/13) .

Questions

  1. Explain why the marginal revenue product of footballers is so much higher than it is for people in most other jobs. What impact do you think technology has had on the marginal revenue product of footballers over the past 20 years?
  2. Draw a diagram to illustrate how the wage rate for footballers would be determined if the labour market was perfectly competitive.
  3. What is monopsony? Explain how the retain-and-transfer system could give football clubs monopsony power in the labour market.
  4. Draw a diagram to illustrate the impact of monopsony on wages and employment in the labour market for professional footballers.
  5. Explain how limiting the mobility of players might help to maintain the level of competitive balance in a league.
  6. If the proposals by FIFPro were accepted, what impact do you think it will have on players’ wages?