FIFA Regulations on Working with Intermediaries in the Perspective of EU Competition Law: Players, Clubs and Intermediaries in the Scope of the Principal/Agent-Theory

Nicklas Svendsen & Kasper Thorsøe

Student thesis: Master thesis

Abstract

FIFA Regulation on Working with Intermediaries was made applicable the 1. of April 2015. In this FIFA regulation considering intermediaries at the market for football, there has been included a provision (article 7, point 3), which is about the remuneration of intermediaries and a provision (article 8), allowing the intermediaries to act on behalf of both the club and the player in a negotiation situation, through dual agency. Further, the former licensing system with associated exam for intermediaries is replaced with a registration system, which means that it only requires registration of intermediaries to act on the market. From this point of view it is examined if specific provisions in FIFA ́s new regulation have any restrictions in the perspective of EU competitions law. The relevant actors in the market for transfers in this thesis are players, intermediaries and clubs. FIFA has the legal power to impose rules that national members of the organization are obliged to follow resulting in all players, clubs and intermediaries who are subject to the rules is required to comply. The following part in the thesis are assessing whether FIFA holds a dominant position in the market for transfers and whether FIFA is abusing a possible dominant position. Principal-agent theory is the economic scientific approach to the study of the representation of the relationship between these actors. Here the focuses are on how in situations of asymmetric information the actors can adapt or design the optimal or incentive-compatible contracts. This design problem is assumed to belong to the principal and is therefore viewed entirely from his perspective. Players and clubs will in all cases be principals and intermediaries as the agents.

EducationsMSc in Commercial Law, (Graduate Programme) Final Thesis
LanguageDanish
Publication date2016
Number of pages99
SupervisorsSøren Sandfeld Jakobsen