FIFPro take most serious aim yet at ‘the interests of cartels’ – the transfer system

The world players’ union FIFPro said it had launched the biggest challenge to the transfer system since the 1995 Bosman ruling after it lodged a complaint at the European Commission on Friday.

In a legal action directed against football’s governing body Fifa, the union claimed that the current transfer system was anti-competitive, unjustified and illegal.

FIFPro president Philippe Piat said the transfer system, in which players are traded among clubs for fees ranging from a few thousand to tens of millions of euros, represents “the interests of cartels”.

FIFPro added that, away from the glamour of the big leagues and the Champions League, thousands of players struggled to get paid on time.

The Dutch-based union said it had asked the European Commission to explore its argument that the transfer regulations prevented clubs from fairly competing in the market to acquire sporting talent.

In doing so, the regulations harmed the interests of players, small and medium sized professional clubs and their supporters, FIFPro said.

The case involving former player Jean-Marc Bosman paved the way for players in the European Union to move to other clubs at the end of a contract without a transfer fee being paid. It had a major impact internationally.

“The European Commission holds the key to reforming the professional football industry more than any internal governance reform process can, by simply applying the law,” said Piat.

“Fifa fails to administer professional football the same way it has failed to govern itself,” added the Frenchman.

“Commercial interests of a few prevail, while the majority of players and clubs are disadvantaged. It is time the rule of law prevails over the interests of cartels.

“The ones benefiting from this are few – major clubs, agents and third party owners. The ones undermined are many and we now call for change.”

The current transfer rules, which are governed by Fifa’s Rules on the Status and Transfer of Players (RSTP), have been in force since 2001 after they were accepted by the European Commission.

However, FIFPro said they had failed to achieve the original goals such as contractual stability, redistribution of revenue, competitive balance, integrity and stability of competitions, as well as the training of young players.

FIFPro said its aims were to create the highest possible number of quality jobs for players, ensure players were paid on time and that penalties and compensation for breaches of contract were evenly weighted between clubs and players.

“We need not fear a football world without the transfer system,” stated FIFPro secretary general Theo van Seggelen.

“Through collective bargaining, better labour market rules can be established. Balanced fairly against the needs of clubs, together with an improved model of revenue distribution, we will safeguard football’s future.

“Players have the sustainability of this game and industry at heart and will act responsibly,” he added. “For years we have tried to negotiate a fair reform with the other stakeholders and failed.

“Thousands of our members, who go month after month without being paid are desperate. More and more people are feeding off of this transfer market for their personal gain.”

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