FIFA and the various players’ agent associations are fighting tooth and nail over the new regulations, which would cost agents millions. But what do club representatives actually think about it
The answer: there is neither black nor white. “The chief legal advisor of Bundesliga leaders Bayer 04 Leverkusen draws the following conclusion: “In this respect, it certainly makes sense to think about regulating the market. The only question is how strongly it should be regulated. The current FIFA regulations provide for severe cuts for player consultants. This harbors the danger that advisors will look for workarounds and loopholes and then increasingly handle transfers with clubs that go along with such practices. “
Circumvention models have become established
In fact, recent history underlines Küpper’s thesis. For example, when FIFA introduced the Third-Party Ownership (TPO) and Third-Party Interest (TPI) statutes in the 2010s, i.e. rules designed to prevent individual professional footballers from becoming the plaything of third parties such as investors, circumvention models quickly became established. For example, the exclusive agreement on transfer agency. This enables agents to agree a secure fee in the course of an outward transfer to a club in the event of an onward transfer – even if the contractual relationship between the footballer and the consultant no longer exists. A largely risk-free business that can be very lucrative if the player develops at the top of his game
Küpper promotes pragmatism
Recently, agent fees for international transfers have once again risen sharply. With the introduction of the new rules for consultants (FFAR), FIFA wants to reintroduce a license and, above all, limit commissions to 6 percent – which encourages agents to sue. In this context, Küpper advocates more pragmatism: “A regulation that is more in line with the current market standard and would therefore have led to less resistance from advisors would perhaps have made more sense. “
Last resort ECJ?
To avoid legal disputes. This is because the most recent rulings have tended to go against FIFA, including a decision by the Dortmund Regional Court, which is why the rules in Germany have been suspended for the time being until the Düsseldorf Higher Regional Court hears the appeal at the end of January 2024. The situation is similar in Spain and England. “There are currently court cases against the new FIFA regulations throughout Europe and beyond,” explains Küpper. “In the end, the ECJ will probably have to make the final decision on whether the regulations are lawful or not. But that will take time. Until then, there is a risk of chaos because the rules apply in some countries and not in others. That can’t be in the spirit of appropriate regulation. “
