They’ve Got a ticket to Ride and They Don’t Care

In recent years, the Premier League has become one of the most globally recognized and financially successful sports leagues in the world. Fans from every corner of the globe tune in to watch teams like Manchester United, Liverpool, and Chelsea compete at the highest level. With its international appeal, it seems only natural that the English Premier League (EPL) would explore opportunities to expand beyond the borders of England. However, the idea of staging official EPL games in other countries has sparked considerable controversy. National football associations around the world have started to voice their opposition to the idea, and the debate has raised both legal and ethical questions. The key concern that emerges from this is whether FIFA could impose sanctions on the EPL and whether such actions could potentially violate antitrust laws under EU law.

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EPL’s Ambition for Global Games

The EPL’s proposal to hold games abroad is not entirely new. In 2008, there was talk of a “39th game,” which would involve EPL teams playing an extra round of fixtures in cities outside the United Kingdom. The motivation behind this idea was simple: expand the league’s brand, tap into new markets, and increase revenue. While there is no denying the financial potential of such a move, it’s clear that it also raises several logistical and legal challenges.

National football associations (FAs) in various countries have expressed concerns about EPL games being played within their borders. Many of these associations argue that hosting EPL games in their countries undermines their domestic leagues, siphons off fans, and threatens the overall integrity of their football ecosystems. Some Gulf states, on the other hand, are said to welcome the idea, viewing it as an opportunity to showcase world-class football in regions where the sport is still developing.

The fact that the EPL seems to have floated the idea without consulting any of the relevant FAs has added fuel to the fire. This raises a pertinent question: Was this a case of incompetence or a deliberate conspiracy to push the idea forward without facing immediate resistance?

A Legal Perspective: Could FIFA Impose Sanctions?

One of the most pressing legal questions in this debate is whether FIFA, the global governing body of football, could impose sporting or other sanctions on the EPL for staging games in foreign countries without approval from local FAs. FIFA’s authority over football is vast, and it has historically taken a firm stance on matters involving domestic and international football governance. In theory, FIFA could argue that staging EPL games in other countries violates international football protocols, leading to potential sanctions.

However, if FIFA were to impose sanctions, it would open up another potential legal issue: Could these sanctions be considered an antitrust violation under EU law?

Antitrust Law and the EPL

Antitrust law, particularly within the European Union, is designed to prevent the abuse of market power and to ensure that competition remains fair and open. If FIFA were to block the EPL’s plans to stage games abroad, it could be argued that such action restricts competition and prevents the EPL from accessing international markets. This could potentially be seen as a violation of EU competition law, especially if it were interpreted as a move designed to protect domestic leagues at the expense of the EPL’s expansion.

The European Court of Justice (ECJ) has previously ruled on cases involving sports and competition law. One of the most notable examples is the “Bosman ruling” of 1995, which dealt with player transfers and employment rights within the EU. The ECJ ruled that restrictions on player movement within the EU were illegal under EU law because they violated the principles of free movement of workers and competition law. Similarly, the EPL could argue that FIFA’s sanctions, if imposed, would prevent the league from freely expanding its business operations and reaching new markets, which could be deemed anti-competitive.

On the other hand, FIFA and the national FAs would likely counter this argument by emphasizing the need to protect the integrity of domestic leagues and to ensure a level playing field. They could argue that allowing EPL games to be played in other countries undermines local football structures and leads to an unequal distribution of resources and fan attention.

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The Ethical Dilemma

While the legal debate surrounding this issue is complex, the ethical implications of the EPL’s global expansion plans should not be ignored. Football is more than just a business; it is a cultural institution that plays a significant role in the identity of communities around the world. National football associations are understandably concerned that allowing EPL games to be played in their countries would erode the support for their own domestic leagues.

For many fans, football is deeply rooted in local pride and tradition. The prospect of EPL teams flying in to play a game in, for example, Germany or Spain, could be seen as an intrusion into the cultural fabric of those nations’ football systems. It could also lead to a scenario where the financial might of the EPL overshadows the domestic leagues, leaving smaller clubs and leagues struggling to compete.

Additionally, there is the question of fairness. The EPL’s ability to attract top talent and generate vast amounts of revenue is already a source of frustration for many smaller leagues across Europe and beyond. If the EPL were to start playing games in other countries, it could further exacerbate the imbalance between the “big leagues” and smaller leagues. This raises important questions about whether the global expansion of the EPL is in the best interest of football as a whole.

The Impact on Domestic Leagues

National FAs’ opposition to EPL games being played abroad is not just about pride or tradition; it’s also about financial stability. Domestic leagues rely on ticket sales, sponsorships, and broadcasting rights to sustain themselves. If the EPL were to hold games in countries like Spain, Italy, or France, it could divert attention and revenue away from the local leagues, which are already facing financial challenges.

For example, if a high-profile match between Manchester United and Liverpool were held in Paris, it’s likely that French football fans would flock to the stadium, leaving their local teams to play in front of smaller crowds. This could lead to decreased revenues for domestic clubs and potentially weaken the financial stability of leagues that are already struggling to keep up with the likes of the EPL, La Liga, and Serie A.

Moreover, the broadcasting rights for EPL games are highly lucrative, and the global expansion of the league could lead to further concentration of media attention and revenue in the hands of the EPL, at the expense of other leagues. National FAs have a vested interest in protecting their domestic football ecosystems, and it’s not difficult to see why they would oppose the EPL’s plans.

Conclusion: Balancing Ambition and Integrity

The EPL’s desire to expand its brand and stage games abroad is understandable from a business perspective. The league’s global appeal and financial power make it a prime candidate for international expansion. However, the ethical and legal challenges that arise from this ambition cannot be ignored. National FAs are right to be concerned about the impact on their domestic leagues, and FIFA may be justified in considering sanctions to protect the integrity of the global football ecosystem.

At the same time, any action taken by FIFA must be carefully considered in light of EU competition law. Blocking the EPL from expanding could be seen as anti-competitive, and it’s possible that the league could challenge any sanctions in court.

Ultimately, this issue highlights the tension between football’s global business interests and its cultural and ethical responsibilities. As the EPL continues to explore new ways to grow its brand, it will need to find a balance between expanding its reach and preserving the integrity of the sport. Whether this balance can be achieved remains to be seen, but one thing is clear: the debate over the global expansion of the EPL is far from over.

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Author: Stefan Szymanski

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