Fair is foul: a critical analysis of UEFA financial fair play.
Szymanski, Stefan
Introduction
Names matter. Once upon a time every nation had a "Ministry of
War," and now it is called the "Ministry of Defence."
Businesses like to apply words such as "natural" and
"organic" to their products; political parties adopt the word
"democratic," whatever their intentions; and of course
football clubs are variously "United," "Athletic,"
and "Sporting." The decision by UEFA to call its financial
regulations "Financial Fair Play" (FFP) was a masterstroke.
Who could argue that fair play should apply in financial matters, as in
all aspects of the game? Unfortunately, names can be misleading. The
United Nations seem anything but United; Northern Rock (1) proved to be
anything but solid; while the content of TV shows such as
"America's Got Talent" seems to flatly contradict their
title.
So it is not unreasonable to ask whether FFP is really fair, and
indeed whether it is really about fairness at all. (2) Closer inspection
of the stated objectives suggests that it is more about efficiency than
fairness. Given the extent of financial insolvency in European football,
it can be argued that some regulatory constraints are necessary for the
purposes of survival rather than fairness. However, the regulations go
far beyond promoting solvency by seeking to constrain the ways in which
owners can invest in their football clubs. The rules of FFP seem likely
to limit the opportunities for small clubs to challenge the established
large clubs, and thus to reinforce a hierarchy that has long been
established in European football. This hierarchy, while seemingly quite
stable, is difficult to characterize as fair. More interestingly, it is
questionable whether the preservation of this hierarchy is efficient.
The paper proceeds as follows. In the next section the rules of FFP
are described together with their objectives. The following section
assesses the efficiency of the rules, and the section after that
considers the issue of fairness. Then there is a section assessing
whether the rules are likely to pass antitrust scrutiny under European
law, and the final section concludes.
The Rules of Financial Fair Play
UEFA is the governing body of European football. Strictly speaking,
it is an association of European national associations. National
associations exercise regulatory functions such as rule-setting and
discipline as well as competition-organizing functions (such as the FA
Cup in England or the Copa del Rey in Spain). FIFA, founded in 1904, is
the global association of national associations, and is both the
ultimate source of rulemaking and the organizer of the largest
competition, the FIFA World Cup. UEFA is a relatively recent creation,
created in 1954 to organize a club competition--the UEFA Cup which has
evolved into the Champions League, the most prestigious club competition
in the world.
In 1999 UEFA decided to embark on a system of club licensing for
clubs entering UEFA competitions (see UEFA (2008)). According to UEFA,
the initial purpose was to explore the possibility of creating a salary
cap, but it was soon decided that this could not be done without first
creating a legal framework. The rules of the licensing system are laid
down by UEFA, and the award of the licenses is overseen by the national
associations so as to bring "member associations closer to their
clubs" Initially the licensing system laid down rules relating to
sporting development (youth training), infrastructure (stadiums),
personnel and administration (key posts to be filled), legal
(documentation) and financial issues. The financial requirements were
for the provision of periodic audited financial statements, and that
clubs should have no "overdue payables" to other clubs or
players. These requirements were applied from the 2004/05 season, and
extended in 2008/09 season to include no overdue payment to tax
authorities and provision of budget forecasts. In 2009 UEFA also
announced the introduction of Financial Fair Play.
According to FFP, any club that wishes to take part in UEFA's
two main competitions, the Champions League and Europa League, must
obtain a license from their national association certifying that they
meet certain criteria. The key criteria are:
* No overdue payables. This means that a club must be fully up to
date with payments to creditors.
* Break-even. This means that a club must be able to demonstrate
that "relevant" income balances with "relevant"
expenditure. For these purposes the balance of income and expenditure
are calculated over a three year period, and the balance is subject to
an acceptable deviation of 5 million [euro]. Moreover, there is a
transitional period to 2018 during which larger deviations are
permitted.
The break-even constraint is complex, since allowable income and
expenditures are defined in great detail. They do not coincide with
simple accounting definitions and a club could in theory declare an
accounting profit while failing to meet break-even or declare an
accounting loss but meet break-even. Football income is broadly defined
as income from ticket sales, merchandising, broadcasting rights and
sponsorship. Football expenditure is broadly defined as wage and
transfer spending on players.
The stated objectives of FFP Regulations (UEFA, 2012b, p2) are
"to achieve financial fair play in UEFA club competitions and in
particular:
a. to improve the economic and financial capability of the clubs,
increasing their transparency and credibility;
b. to place the necessary importance on the protection of creditors
and to ensure that clubs settle their liabilities with players,
social/tax authorities and other clubs punctually;
c. to introduce more discipline and rationality in club football
finances;
d. to encourage clubs to operate on the basis of their own
revenues;
e. to encourage responsible spending for the long-term benefit of
football; and
f. to protect the long-term viability and sustainability of
European club football." These objectives seem primarily to focus
on efficiency concepts rather than fairness.
For example, there need be nothing fair about improving the
economic and financial capability of clubs (part (a)); a 20% levy on
ticket prices would achieve this end without being necessarily fair.
Likewise, "discipline and rationality" (part (c)) can be
achieved without any appeal to fairness. Part (b) seems closest to the
sense of fairness in that it requires clubs to fulfil obligations into
which they enter, however even in this case the rule is not
self-evidently fair. For example, creditors may have been guilty of
imposing unreasonable conditions in the first place (a problem not
unknown in the world of football) and hence requiring teams to meet
these obligations may simply enforce an unfair deal. Given the focus of
these rules on efficiency concepts it is worthwhile to consider whether
the rules will enhance efficiency.
Efficiency and FFP
It is clear that many, if not most European football clubs have
financial problems. According to the most recent survey of European
football club finances by UEFA (FY 2011, see UEFA (2012a)), 63% of top
division clubs in Europe reported an operating loss, 55% reported a net
loss, 38% reported negative net equity and auditors raised "going
concern" doubts in 16% of cases. UEFA views these figures with
concern, their powers are limited. While there are around 700 top
division clubs in Europe, and many thousands that operate below this
level, only 235 play in UEFA competitions and are therefore affected by
FFP rules. Moreover, the FFP rules exempt clubs with revenues or
expenses below 5 million [euro], which constitutes roughly half of all
top division clubs and 41% of all clubs qualifying for UEFA competition
(only 77 European clubs have revenues in excess of 50 million [euro]).
How is efficiency affected by the targets of FFP, namely economic
losses and weak balance sheets? In a market economy, prices are usually
considered to act as signals which suggest courses of action to economic
actors. When firms make losses, the value of what they produce is lower
than the value of the inputs required, suggesting that there is
overproduction and that resources might be more profitably applied to
some other economic activity. This can be achieved voluntarily by the
choices of the managers of the firm, or can be achieved through
bankruptcy, which forces the firm to cease production altogether. From
the perspective of economic efficiency, the losses of European football
clubs appear to signal that there is "too much football."
This argument, though not expressed in quite these terms, has been
commonly expressed in the literature. Sports leagues are often
characterised as a type of rat race, drawing on the contest literature
e.g., Tullock (1980), in which firms dissipate rents through competition
to win a prize. Logically, if there exists a fixed prize (e.g., a
championship title) which can only be won by expending more effort than
your rivals, then only effort relative to your rivals matters, not the
total amount of effort supplied. From the point of view of the
competitors, an agreement by all to halve effort leaves relative
positions unchanged, while economising on resources for all. A general
theoretical argument for overinvestment in sports leagues is advanced by
Dietl et al. (2008) and adopted in Muller at al. (2012).
Suppose then that football clubs scale back their expenditures,
either because of the no overdue payables rule or the break-even rule.
Expenditures by football clubs are primarily on football players and a
general decrease in player spending will tend to put downward pressure
on player wages (Peeters and Szymanski (2014) estimate in detail the
precise size of the effect that would arise from FFP and estimate a
reduction of around 15-20% in the biggest European leagues). Since
players at the highest level are already paid well in excess of their
probable opportunity cost (almost every plausible alternative would
entail a considerably lower wage), it will not cause a reduction in the
supply of players. Likewise, since owners are currently willing to
absorb losses, increasing profitability thanks to wage reductions, this
will not decrease the supply of clubs. Thus if there is oversupply of
football at the moment, FFP will not change this.
However, not all clubs are currently lossmakers. FFP might cause
some clubs to scale back their operations while causing others to
expand. The expansion effect will arise if player salaries fall on
average and therefore clubs that currently enjoy a surplus will be
willing to improve team quality to the extent that it will raise
revenues. This rebalancing will tend to favour clubs that are able to
generate higher revenues from a given number of wins. These are likely
to be clubs with more populous markets (big cities) and richer fans. The
latter effect is particularly notable given the gap in incomes comparing
northwest Europe (Germany, UK, Scandinavia, Benelux) to southern and
eastern Europe (Spain, Italy Greece, Poland, Hungary, Romania, etc.).
Historically, the teams of Italy and Spain have tended to dominate
European competition; in recent years, the English Premier League has
become more competitive thanks to the high value of its broadcast rights
and high ticket prices; in the future, one might expect German clubs,
relative underperformers compared to clubs from these other countries,
to improve if this kind of rebalancing occurs.
On the surface there is nothing efficient about this kind of
rebalancing. Losses incurred currently are voluntary in the sense that
the owners appear willing to pay for them by injecting new capital into
the business. And when existing owners are no longer able to do so, new
owners always seem to appear to replace them. It hard to find any
professional football clubs that have been disbanded in recent years,
despite the persistence of loss making. This partly reflects the
observation made long ago by Sloane (1971) that football club owners are
better characterised as utility maximisers rather than profit
maximisers. Given that the success of a club generates consumption
benefits for the owner, it is not surprising that the owners pump money
in (i.e., accepts losses on ordinary business activities) rather than
takes money out (i.e., dividends on profits). (3)
At this point the distinction between the overdue payables rule and
the break-even rule is important. The overdue payables rule is intended
to prevent creditors from becoming involuntary investors in a club by
ensuring they are repaid in time. This is in line with standard business
practice, and indeed for most countries this is a requirement to
continue trading--creditors can have the business wound up if their
repayments are overdue. The social significance of football clubs to
local communities often means that creditors are unwilling to enforce
their rights, and so FFP can be seen as redressing the balance in what
is currently an unfair bargain. (4)
The break-even rule, however, limits the ways in which owners can
invest in their teams, even when they have the resources to do so. To be
clear, some forms of investment are not restricted under FFP--e.g.,
development of training facilities and stadium enhancements--but the
most secure route to improved success, buying top players in the
transfer market, (5) is severely restricted. There is no doubt that most
people view FFP in these terms--it is a mechanism to prevent extremely
wealthy individuals (the so-called "sugar daddies") from using
their financial muscle to win championships by hiring the best players.
If we still focus on the issue of efficiency, it is not obvious why
sugar daddies are inefficient. Clearly they bring more money into the
game, allowing it to expand. When they hire talent they typically pay
large transfer fees to rival teams, and therefore the benefits of their
investment are shared, at least to some extent. Their interest in
football reflects the growing social significance of the game which has
grown at a remarkable rate in recent decades. Indeed, this is where the
rat race arguments referred to above tend to fail. It is assumed that
excessive competition is of no value, whereas in reality fans are
attracted by the quality of a competition as well as by its pure
rivalry. In the hypothetical example above, if all teams reduce effort
by half then the spectacle is diminished in the eyes of the fans, even
if the relative ranking of teams is unchanged. In practice, high levels
of investment in players has raised interest in the game; it has
provoked a global search for talent which in turn generally requires
increased participation in the sport, and increased supply of facilities
such as training grounds or stadiums. People who dislike football bemoan
the way the game has become pervasive in modern society; it seems hard
to argue that the rat race has done anything but enhance the game's
popularity.
A related argument concerns the "soft budget constraint."
It is argued that the deficits of European football clubs are comparable
to the financing arrangements that existed for enterprises in the Soviet
planning system. In that case, the state was unwilling to close
enterprises that made losses, and as a result managers lacked incentives
to improve efficiency, resulting in the undersupply and poor quality
that was characteristic of the Soviet system. For the application of
this argument to European football see Andreff (2011), Storm and Nielsen
(2012), and especially Franck (2013). To the extent that those who run
football clubs do not believe that they need to repay creditors, this
argument may have some validity. However, a crucial difference between
the Soviet case and the present issue is that European football is a
highly competitive business, while the Soviet system encouraged state
monopolies. Competition drives clubs to seek efficiencies in ways which
Soviet state enterprises would never have considered, and indeed the
desire to attract a sugar daddy is in itself a motivation to improve
efficiency. Sugar daddies are assumed to be motivated by success, and
after all, even billionaires have choices.
Some argue that their investments are not "sustainable."
It is neither clear that this is the case (the supply of sugar daddies
appears to be growing, not declining) nor that it would be a problem if
it were not--football can grow and it can contract; neither trend is in
itself efficient or inefficient. However, it might be argued that the
long-term strength of European club football will be adversely affected
by limiting the capacity of wealthy individuals to invest in European
clubs. To the extent that these individuals are unable to fulfil their
ambitions by investing in Europe, they may look elsewhere. Hitherto
European leagues have dominated the globe, but that need not necessarily
continue forever; football is followed fanatically in many developing
regions of the world: Latin America, the Gulf, China, and the Far East.
Frustrated billionaires in these regions might one day just decide to
bring all the talent into their countries, just as European clubs
currently attract most of the top talent from the rest of the world.
One problem for those who wish to argue that financial regulation
of European football is necessary is the requirement to demonstrate that
there is some kind of market failure at operation under the current
arrangements. Of course, in any market it is possible to postulate that
there could exist some market failure, just as one can always argue that
if we do nothing today then tomorrow the sky may fall. However, all the
evidence at the moment points to the robust good health of football in
general and European football in particular. The present arrangements
have generated growing audiences both at the stadium and on screens (TV,
computer, mobile phone, etc.), exploding revenues and the continued
survival of pretty much every club of any size that has ever existed.
Without intervention the game might deteriorate badly, but there is no
evidence to suggest that this is the case.
Football developed first in Europe, and most of the history of
football is a European history. This gives European football a first
mover advantage, which has been a significant source of its strength as
markets have globalized in recent years. However, misdirected
regulations that undermine efficiency also have the potential to drive
resources away from Europe. There is no such thing as an impregnable
dominant position.
Fairness and FFP
From the start the public statements of UEFA officials, notably
President Platini, made it clear that sugar daddies were the target of
FFP regulations. (6) It would be disingenuous to suggest that this was
motivated primarily by efficiency concerns--it is obvious that many fans
think it unfair that a team should able to win simply because its owner
is wealthy (although see also footnote 4). The impact of sugar daddies
has been called "financial doping" (see e.g., Muller et al.,
2012), by analogy to the use of performance enhancing drugs (PEDs) in
sports. PEDs may give an unfair advantage to those that take them over
those who do not, and by analogy those who have access to funding from
wealthy investors also have an advantage over those who do not.
This argument is somewhat meretricious. Clearly, prior to FFP there
was no deceit involved as there is with PEDs--clubs such as Chelsea or
Manchester City did not try to pretend that they had not received income
from their wealthy owners. Of course, now that FFP restricts their
freedom to invest as they please, they do have incentives to conceal
income sources, but that is a creation of regulation. PEDs are banned,
of course, because of the perceived dangers to athletes, whereas
financial injections cannot be shown to damage the long-term health of
the recipient football clubs. Where this argument has some force is in
the pursuit of some form of competitive purity, whether embodied in the
idealized athlete or in the idealized local football club. In both cases
this idealism also seems rooted in the tradition of amateurism. No doubt
these ideals have a certain attraction, but in a world of highly
commercialised sport they are becoming less tenable. Athletes use every
means they can to obtain an edge, and since the introduction of doping
rules they have become significantly more complex and are now seen by
some athletes as the problem rather than the solution. This is not to
argue against the removal of all doping restraints, but it would be well
to recognise that anti-doping rules are controversial. Likewise,
financial regulation should not be dismissed, but it is certainly
problematic that an investment by a Russian (e.g. in Chelsea or in AS
Monaco) might face sanctions while at the same time as large sponsorship
from the Russian energy company Gazprom (Schalke 04) goes unquestioned.
The case for break-even is usually presented in terms of the need
to rely on "own revenues" (see objective d) above). Own
revenues are usually defined as gate money, sponsorship, merchandising,
and TV revenue, but their definition is clearly problematic. This is of
course a problem with any regulatory regime and not in itself an
argument against regulation. For example, it is sensible for governments
to regulate levels of reserve capital to be held by banks to insure
against systemic risk, but defining exactly what is allowable for
measurement purposes will always be problematic. However, the meaning of
"own" seems especially difficult. In reality football clubs do
not start out with any resources of their own--they raise resources from
investors initially and then seek to sustain themselves with any income
sources they can generate. In the past, football clubs have run
lotteries, organised social clubs, gone into manufacturing businesses,
and much else besides. Indeed, many of Europe's biggest clubs today
are multi-sport enterprises with opportunities for cross subsidy. There
is an ancient saying "pecunia non olet"--money doesn't
smell. Once one starts to define "good money" and "bad
money" it is possible to introduce sources of unfairness unimagined
and regulations multiply. Typically those who are able to navigate the
system are the wealthy, which most would consider a form of unfairness.
But the real problem with deploying fairness argument in the
context of the distribution of resources among teams in a league is that
it is far from obvious that a regime in which every team relies only
gate money, sponsorship, merchandising, and TV revenue is fair. A league
competition is produced jointly by the competing clubs, an argument
often used to support a system of pooling incomes and then distributing
them equally among competitors. Measures to equalize incomes are widely
adopted in American major leagues, not on fairness grounds but because
they promote a more even contest that will be more attractive to fans.
(7) European football has grown despite the absence of such measures,
casting doubt on the efficiency argument in favour of competitive
balance. But it could certainly be argued that equal sharing of revenues
in European football would be fair, but such reform is not on the
agenda. Indeed, the distribution of income from the UEFA Champions
League seems to have significantly enhanced inequality over the last
decade. Currently the competition pays out around 1 billion [euro] a
season to the competing teams, and over the last decade a mere 10 teams
have accounted for 50% of the money distributed.
The FFP regulations argue for one kind of inequality over another.
This does not seem like a sound basis from which to argue the case for
fairness.
Competition Law
I have argued in this paper that FFP is problematic both in terms
of its stated objectives which seem mostly to revolve around enhancing
efficiency, and in terms of any reasonable standard of fairness. With
Thomas Peeters I have simulated the impact of FFP on four of the five
largest football nations in Europe (England, France, Italy, and Spain)
(8) and shown that the major effect, if fully implemented, will be to
reduce player salaries significantly.
In May 2013 the lawyer Jean-Louis Dupont (9) filed a complaint with
the European Commission on behalf of Daniel Striani (a player agent)
challenging the legality of the break-even rule under EU law. Mr. Dupont
argues in his complaint that
The "break-even" rule (which according to article 101 of
the Treaty on the functioning of the EU, is an "agreement between
undertakings") generates the following restrictions of competition:
Restriction of investments;
Fossilization of the existing market structure (i.e. the current
top clubs are likely to maintain their leadership and even increase it);
Reduction of the number of transfers, of the transfer amounts and of the
number of players under contracts per club; Deflatory effect on the
level of player's salaries; and Consequently, a deflatory effect on
the revenues of players' agents. (Dupont, 2013, p.1)
In Mr. Dupont's view, the break-even rule constitutes a
restraint on competition, which infringes on the free movement of
capital, workers, and services. He further argues that the rule is not
only unjustifiable, but also "in practice illegal, because the rule
is not proportionate (since it can be replaced by another measure,
equally efficient but less damaging as far as EU freedoms are
concerned)" (Dupont, 2013, p.2).
It is not easy to predict whether this challenge will be
successful. Article 101 is essentially a law that prohibits cartels
(agreements among firms, in this case football clubs). The first section
states that any agreements among firms that have as "their object
or effect the prevention, restriction or distortion of competition"
are prohibited. UEFA will presumably stand by its stated objectives and
claim that none of these are intended to reduce competition.
Against this Dupont would probably argue that the effect of the
agreement is the reduction of competition among teams competing in
football championships (domestic and UEFA) and the reduction of
competition in the market for players. In the "championship"
market UEFA may try to argue that the rules are intended to enhance
competition by enabling teams without sugar daddies to be more
competitive, while on the player market UEFA may claim that even if this
is a side effect, it is not the main aim of the regulation. However, it
will be hard for UEFA to maintain that competition has not been
restrained in the sense that some competitors are no longer free to make
choices that they would otherwise make.
Article 101
1. The following shall be prohibited as incompatible with the
internal market: all agreements between undertakings, decisions by
associations of undertakings and concerted practices which may affect
trade between Member States and which have as their object or effect the
prevention, restriction or distortion of competition within the internal
market, and in particular those which:
(a) directly or indirectly fix purchase or selling prices or any
other trading conditions;
(b) limit or control production, markets, technical development, or
investment;
(c) share markets or sources of supply;
(d) apply dissimilar conditions to equivalent transactions with
other trading parties, thereby placing them at a competitive
disadvantage;
(e) make the conclusion of contracts subject to acceptance by the
other parties of supplementary obligations which, by their nature or
according to commercial usage, have no connection with the subject of
such contracts.
2. Any agreements or decisions prohibited pursuant to this Article
shall be automatically void.
3. The provisions of paragraph 1 may, however, be declared
inapplicable in the case of:
--any agreement or category of agreements between undertakings,
--any decision or category of decisions by associations of
undertakings,
--any concerted practice or category of concerted practices,
which contributes to improving the production or distribution of
goods or to promoting technical or economic progress, while allowing
consumers a fair share of the resulting benefit, and which does not:
(a) impose on the undertakings concerned restrictions which are not
indispensable to the attainment of these objectives;
(b) afford such undertakings the possibility of eliminating
competition in respect of a substantial part of the products in
question.
The decision in the case, therefore, is likely to rest on the
interpretation of the third section. This involves balancing several
potential effects. The prohibition in Article 101 does not apply if the
restriction contributes to improving the product or promoting economic
progress so long as consumers share the benefits. In the early stages of
FFP, UEFA seemed inclined to argue that the regulations would enhance
competitive balance and hence the quality of European football. However,
more recently they seem to have shied away from this argument which does
indeed sound rather implausible. The argument that the rules will
"ossify" the system, by limiting opportunities for smaller
clubs to rise up and compete with the established big clubs, seems more
plausible. One might certainly argue that the rules on payment of
creditors represents "economic progress," but it is the
break-even rule that is being challenged, not the creditor rule. Thus it
would appear that UEFA will have to rely on a rather general argument to
the effect that FFP is eliminating the rat race or the soft budget
constraint, while as we have seen, it is not clear that these issues
have posed a serious problem for the development of European football.
UEFA may also face difficulties persuading a court that the
break-even rule is really indispensable to its objectives. Alternative
forms of regulation to ensure financial stability might easily be
feasible--for example, requiring club owners to provide formal
guarantees or post bonds to cover any losses incurred by the clubs they
own. Moreover the concept of "own revenues" for clubs that are
owned by wealthy individuals may prove hard to sustain in law--even if
fans see themselves as holding a stake in their club, legally it may be
property of the owner and his to do with as he pleases.
Finally, it is hard to see how UEFA can contradict the argument
that the break-even requirement will eliminate competition in the player
market, to the benefit of the clubs, at the expense of players and with
no obvious benefit to the fans. For a more detailed discussion of FFP
and competition law see Budzinski and Szymanski (2014).
Conclusion
"A man may take to drink because he feels himself to be a
failure, and then fail all the more completely because he drinks. It is
rather the same thing that is happening to the English language. It
becomes ugly and inaccurate because our thoughts are foolish, but the
slovenliness of our language makes it easier for us to have foolish
thoughts."
George Orwell, Politics and the English Language
The real problem with Financial Fair Play is that it does not offer
Fair Play at all. It is an abuse of language. Rather, it imposes some
very specific restrictions on competition. On the one hand UEFA claims,
through its official documentation, that these rules will enhance
efficiency in ways which are far from clear. At the same time the
leaders of UEFA allow it to be understood that the so-called sugar
daddies are indeed their target, in a bid to satisfy disgruntled fans.
Not surprisingly these rules have provoked a competition law challenge
in the European Union. Success or failure in court is always hard to
predict, but there should be no doubt that the breakeven rule of FFP
deserves to be struck down.
References
Andreff, W. (2011). Some comparative economics of the organization
of sports: Competition and regulation in North American vs. European
professional team sports leagues. The European Journal of Comparative
Economics, 8, 3-27.
Budzinski O., & Szymanski, S. (in press). Are restrictions of
competition by sports associations horizontal or vertical in nature?
Journal of Competition Law and Economics.
Dietl, H., Franck, E., and Lang, M. (2008). Overinvestment in team
sports leagues: A contest theory model. Scottish Journal of Political
Economy, 55(3), 353-368.
Dupont, J.-L. (2013, May 6). Press Release.
Fort, R., & Quirk, J. (1995). Cross-subsidization, incentives,
and outcomes in professional team sports leagues. Journal of Economic
Literature, 33(3), 1265-1299.
Franck, E. (2013). Financial fair play in European club
football--What is it all about? (Working Paper No. 328). University of
Zurich.
Hall, S., Szymanski, S., & Zimbalist, A. S. (2002). Testing
causality between team performance and payroll: The cases of Major
League Baseball and English soccer. Journal of Sports Economics, 3,
149-168.
Muller, J. C., Lammert, J., & Hovemann, G. (2012). The
financial fair play regulations of UEFA: An adequate concept to ensure
the long-term viability and sustainability of European club football?
International Journal of Sport Finance, 7(2), 117-140.
Peeters, T., & Szymanski, S. (2014). Financial fair play in
European football. Economic Policy, 29(78), 343-390.
Rottenberg, S. (1956). The baseball players' labor market.
Journal of Political Economy, 64(3), 242-258.
Sloane, P. (1971). The economics of professional football: The
football club as a utility maximiser. Scottish Journal of Political
Economy, 17, 121-146.
Storm, R. K., & Nielsen, K. (2012). Soft budget constraints in
professional football. European Sport Management Quarterly, 12, 183-201.
Szymanski, S. (2003). The economic design of sporting contests.
Journal of Economic Literature, 41(4), 1137-1187.
Szymanski, S., & Smith, R. (1997). The English football
industry: Profit, performance and industrial structure. International
Review of Applied Economics, 11(1), 135-153.
Tullock, G. (1980). Efficient rent-seeking. In J. Buchanan, R.
Tollison, & G. Tullock (Eds.), Toward a theory of the rent-seeking
society (pp. 97-112). College Station, TX: A&M University Press.
Union of European Football Associations (UEFA). (2008). Club
Licensing: Here to Stay.
Union of European Football Associations (UEFA). (2012a). Club
Licensing Benchmarking Report.
Union of European Football Associations (UEFA). (2012b). UEFA Club
Licensing and Financial Fair Play Regulations, Edition 2012.
Stefan Szymanski
University of Michigan
Endnotes
(1) Northern Rock was a UK bank that collapsed in 2007, causing the
first British bank run in 150 years. It was subsequently saved by means
of a government takeover.
(2) Fair Play is a concept given to the world by the English
language, like the word football. The English words "Fair
Play" have been adopted in almost every other language (judging by
my search on Google translate) and the German anglophile Rudolf Kircher,
who wrote a book on the subject in 1928, roundly declared "the
words are untranslatable." He argued that the concept is something
that you learn as a child, "that it is wrong to take advantage of
the weak, and unmanly to ill-treat a beaten adversary." The use of
the term does not originate in sport, but is first found in Shakespeare,
when a character in King John says "According to the fair play of
the world, let me have audience." When the witches in Macbeth say
"fair is foul and foul is fair," words that might be spoken by
a football coach determined to win at any cost, the word you should
understand is "play." The earliest use of the word in a
sporting context that I have been able to find relates to cricket, in a
memoir of the Hambledon cricket club written by John Nyren in 1832,
including the rules of the game, of which one is "the umpires are
the sole judges of fair and unfair play." Not that this prevented
one hard-done-by cricketer complaining that his defeat was attributable
to the latter.
(3) This seems to create cognitive dissonance for many football
fans who appear to think that "losses are bad" and
"profits are good" but prefer an owner such as Chelsea's
Roman Abramovitch who puts money into his club (Chelsea) rather than
owners such as the Glazer family, which takes money out (Manchester
United). Moreover, this view seems to characterize not just fans at the
respective clubs, but fans at rival clubs too.
(4) Some might argue that the "caveat emptor" principle
should apply, but it seems clear that the support of the competition
commissioner for the EU, Joaquin Almunia, stemmed from the belief that
FFP would reduce demands from football clubs for state aid in the form
of soft loans, etc. (21 March 2012, Joint statement by Joaquin Almunia
and Michel Platini).
(5) On this relationship see e.g. Szymanski and Smith (1997), Hall
et al (2002), and Peeters and Szymanski (2014).
(6) See e.g., The Daily Telegraph August 28th 2009: "Platini
dismissed the idea that billionaire benefactors like Sheikh Mansour were
good for football because they challenge the elite. He gestured to
Infantino. "We think that the opposite will happen," said
Infantino, "because if you have a rich sugar daddy coming in and
throwing money around, this is unhealthy in the mediumterm and
unsustainable in the long-term. For the club to be healthy it has to
live on its own means and generate income and this is not impossible.
Otherwise it is an artificial bubble." See also the Guardian August
28th 2009: "If you have a sugar daddy it is unhealthy,"
Uefa's deputy general secretary, Gianni Infantino, said. "The
club has to stay on its own legs and generate its own revenue."
(7) This is now a huge literature, going back to Rottenberg (1956).
See Szymanski (2003) for a comparison of the US and European systems.
(8) Given that FFP was modeled on the German club licensing system,
and given the aspiration of transparency, it is ironic that financial
results for all clubs were missing only in the case of Germany.
(9) Dupont is the lawyer who successfully led to legal challenge to
the European player transfer rules resulting in the Bosman judgment of
1995.
Stefan Szymanski is the Stephen J. Galetti Professor of Sport
Management in the Department of Kinesiology. His main research interests
are the economics of sporting contests, English football club accounts,
and the economics of major sporting events.