Rustam Sethna’s Post

⚽ CJEU Rules Against Key FIFA Transfer Regulations ⚽ In a landmark decision, the European Court of Justice (CJEU) ruled that several FIFA transfer rules violate EU competition law and freedom of movement principles. The court found that FIFA's rules around compensation for contract termination and liability of new clubs impose disproportionate legal, financial, and sporting risks, dissuading clubs from signing players. The ruling could shift the balance of power between clubs and players, potentially leading to more premature contract terminations in pursuit of better opportunities. Read more in my article down below and let me know what you think in the comments. PETERKA PARTNERS #sportslaw #footballregulations #footballgovernance

Per Karlsson was speaking on two panels at International Competition Network (ICN) Cartel Workshop in Mexico City last week. Big thanks to Konkurrensverket and Cofece for the opportunity! On the second panel he talked about Sports and EU Competition law. See an excerpt of his presentation. On Friday 4 Oct CJEU published another interesting preliminary ruling in a new football case regarding contract rules for football players. The case is rather technical but again FIFA has to adjust their rules, due to EU case law from Luxembourg. #antitrust #competition #konkurrensverket

Extremely interesting ruling of the European Court of Justice (CJEU) today! In the case, C-650/22 (Diarra vs. FIFA), the CJEU held that the current FIFA rules are contrary to European Union (EU) law. Currently, FIFA's Regulations on the Status and Transfer of Players (RSTP) stipulate that a player who terminates a contract before its term without just cause is liable to pay compensation to the club, and where the player joins a new club, they will be joint and severally liable for the payment of compensation. According to CJEU, these rules are impeding the free movement of players and are designed to be anti-competitive. Now, it is even more interesting to see how said ruling will influence the entire football market and the transfer system as we know it today! #sportslawyer #footballlaw

🚨⚖️ Game-changing ruling in football transfers! ⚽️ The European Court of Justice has just ruled that some of FIFA’s transfer rules violate EU law, thanks to a long legal battle led by former Chelsea and Arsenal star Lassana Diarra. 💪📜 This victory empowers players, giving them more freedom to move between clubs and develop their careers without restrictive barriers. 🚶♂️🏟️ The ruling challenges FIFA’s International Transfer Certificate (ITC) system, which had prevented Diarra from joining a new club after his contract termination. 🌍⚽️ This could reshape the future of football transfers! More power, more movement, and new possibilities ahead. 🚀✨ #FIFARuling #PlayersRights #FootballTransfers #DiarraVictory #GameChanger

Petros C. Mavroidis (Columbia University) and Damien Neven (Geneva Graduate Institute) published an Insight titled: "Legitimate Objectives in Antitrust Analysis: The FIFA Regulation of Agents and the Right to Regulate Football in Europe" in #Concurrences 1-2024. Read more here: https://shorturl.at/lqxHR This article explores the regulatory framework of FIFA concerning football agents and its compatibility with antitrust laws in Europe. It highlights the delicate balance required between regulatory control and fostering fair competition within the football industry. #competitionlaw #antitrust #antitrustlaw #droitdelaconcurrence #DireitoDaConcorrencia #DerechoDeLaCompetencia #concurrence #sportregulation #fifaregulation #sportslaw #europeancompetitionlaw

Today, the European Court of Justice will deliver a verdict on the case involving French footballer Lassana Diarra. Diarra’s legal battle challenges FIFA’s transfer regulations, arguing that they unfairly restrict players’ freedom to move between clubs. This case draws parallels to the landmark Bosman ruling of 1995, which revolutionized player transfers in Europe. If the court sides with Diarra, it could lead to significant changes in how football transfers are managed, potentially shifting the balance of power towards players and altering the landscape of professional football. #Football #PlayerRights #TransferMarket #FIFA #DiarraCase #LassanaDiarra #ECJ #SportsLaw #GameChanger

Yet another landmark CJEU ruling in the field of sports regulations and competition law. This time around, the spotlight is turned on international transfer rules ⚽️ kicked off (pun intended) by former Chelsea midfielder Lassana Diarra (picture credit Reuters). In todays judgement C-650/22, the CJEU found that FIFA rules which make both the player and his/her new club jointly and severally liable for paying compensation to the former club - in cases of contract termination without just cause - infringe Art 101 TFEU. The (disproportionate) rules discourage clubs from hiring players who have terminated their previous contracts, which limits competition in the player market. FIFA will now - undoubtedly - face issues about adjusting its transfer rules or whether it even can do so, as more players may (more) freely “break” contracts to move on to other clubs. FIFA has yet to comment on the judgement (edit: FIFA is reviewing the judgement but does not envisage any far-reaching consequences (only two paragraphs of two articles of the FIFA regulations were called into question)).

An interesting development in the football governance world released by the ECJ (European Court of Justice) earlier today, that will have an impact not just on FIFA, players and clubs; but also agents (around the world). Plus it is worth considering how such opinions, that some FIFA regulations are possibly contrary to EU law (e.g. on competition) and of a restrictive nature; and what impact it will have in terms of the 'challenges' to the FFAR (FIFA Football Agent Regulations) that are currently progressing along the 'conveyor belt' of football hearings due before the ECJ." https://lnkd.in/et9bvtwp

🚨New Publication Alert! 🚨 We are thrilled to announce the release of a pivotal article by esteemed experts Robby Houben, Oliver Budzinski and Melchior Wathelet, now featured on the front page of Football Legal! 📰⚽️ Titled "The Transfer System in Football: Diarra and What’s Next," this article delves into the recent and upcoming EU Court of Justice rulings and their profound implications for FIFA's transfer system. The authors also outline a potential alternative to the current FIFA transfer system. This is a must-read for anyone involved in the world of football. Dive into the full article here: www.football-legal.com #FootballLaw #SportsLaw #LegalUpdate #GameChanger

In our latest article, our Football Team explores the ground-breaking CJEU decision in the Lassana Diarra case and considers its potential impact for players, clubs, and agents. The court accepted that “ensuring the regularity of club football competitions” and “maintaining a certain degree of stability” in clubs’ squads are legitimate objectives.   However, it held that certain provisions of FIFA’s transfer rules disproportionately restrict players’ freedom of movement and clubs’ ability to compete with each other for players’ services, within the EU.    Is this Bosman 2.0? The full article is available here: https://bit.ly/4eQCr6E