Published 21:02 IST, July 24th 2023
FIFA wins at CAS in latest ruling of lengthy, multi-nation legal battle with soccer player agents
After thousands of agents worldwide had the opportunity to take a $600 examination in either April or September, FIFA approved the agent guidelines last year, which are set to go into force on October 1.
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FIFA won the latest ruling of an international, multi-case fight by soccer player agents to block rules that would regulate their industry and cap their fees.
The Court of Arbitration for Sport said it “dismissed in their entirety” arguments put forth by the Zurich-based Professional Football Agents Association, which brought the case.
FIFA said the ruling “fully confirms the legality, validity and proportionality of the FIFA Football Agent Regulations.”
However, it was unclear how the Swiss-based sports court’s verdict will weigh on national-level cases now in process brought by agents in several different countries, including Switzerland, plus a complaint filed with the European Commission in Brussels.
FIFA approved the agent rules last year that are due to take effect on Oct. 1 after thousands of agents worldwide have had the chance to take a $600 examination in either April or September.
The most controversial aspect of the rules limit an agent’s earnings at 10% of a transfer fee when they act for the selling club.
Elite agencies have earned tens of millions of dollars from transfers for players like Erling Haaland and Paul Pogba, and FIFA has said agents earned $622 million from international cross-border transfer deals in 2022.
FIFA also wants to limit agents to taking 3% of a player’s salary when those earnings are more than $200,000 per year, or 5% when the player earns up to $200,000. Those limits would be 6% and 10%, respectively, when the agent acted for both the player and the club signing them.
FIFA also wants to prohibit player agents from representing both the buying and selling clubs in a transfer.
Fees would also be paid through FIFA’s Paris-based financial clearing house, which aims to bring more transparency to a global transfer market that has traditionally been murky.
In the CAS hearing, the agent group’s argument about privacy and data protection was among those dismissed in a series of “interim conclusions.”
FIFA also persuaded the CAS judges that the rules do not contravene European Union laws on competition and free movement and that it was not a cartel under Swiss competition law. The court also agreed the FIFA rules are not incompatible with laws in France and Italy and nor do they contravene the Major League Soccer collective bargaining agreement.
“The award confirms FIFA’s position that the (agent rules) are a reasonable and proportionate regulatory measure that help to resolve systemic failures in the player transfer system,” soccer’s governing body said in a statement.
21:02 IST, July 24th 2023