European Commission has upheld FIFA’s agents’ regulation before the European Court of Justice. FIFA is due to full implementation of the FFAR as of 1 October 2023. It was implemented after consultation with players, clubs, leagues, member associations and football agents. Their partial entry into force in January 2023.
European Commission got the submission regarding the topic and they acknowledged that sports federations like FIFA enjoy a certain degree of discretion in regulating sport. If we talk about the impact of the agents, they believe it somehow changes the transfer behaviour of clubs. It also impacts sporting competition.
It’s acceptable for FIFA to require agents to be subject to a licensing regime. It protects uniform international standards for professional rules. European Commission clarifies through the documents to which MARCA has had access. They add that any restriction of competition is justified by the legitimate objectives taken by the Football Agents Regulation.
The European Commission also explained why regulation should be implemented: “The eligibility criteria setting out the ethical standards to be met by potential football agents are legitimate.”
Now, let’s go through a vital part of FFAR (Football Agents Regulation). It clarifies that the service fee cap is justified to protect contractual stability due to the power agents have to force and run transfers. It means, the financial interest of the players takes first place. Agents charge high commissions. If there is a limit, leagues will not try to compete unfairly.
Meanwhile, the European Commission accepted FIFA’s approach to prohibit all forms of multiple representation. It doesn’t include the contracting club and the player’s agreement by the same agent. This is where we talk about the conflict of interest. EC will appoint an Advocate General who will present a preliminary opinion on this case. They are supposed to deliver a judgment in 2025.
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