StillBluessinceHydeRoad
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- 14 Aug 2020
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I think you're right about the difficulties PL will face and I suspect UEFA will be as alarmed as any at PL headquarters. Their hope may be that they can use "fair market value" to limit Newcastle's deals while leaving those of certain other clubs untouched since 'istry clubs have related party deals, most notably Juventus and Bayern Munich. The trouble with this is may well broaden Newcastle's attack since "fair market value" is a subjective opinion which imposes a restraint on conduct which is not unlawful. Newcastle could even have an action brought by a "related" sponsor whose argument may be that they are sponsoring Newcastle for the exposure they give and that they are sponsoring them so generously so that the team will improve, qualify for more prestigious tournaments and thus bring exposure of the sponsors to wider audiences. That is why sponsors sponsor - sponsorship is a commercial agreement NOT a reward for the clubs 'istry! They could also argue strongly that they (the sponsors) are the only ones who can finance improvement at Newcastle because, while UEFA does not limit sponsorship of certain other clubs while limiting severely that of Newcastle (thus acting as a cartel), UEFA and the PL also place the most severe limits on investment by the owners of clubs, in the interests of a cartel of indebted but recently successful (in a footballing sense) clubs, while at the same time and bizarrely decreeing that the annual subscriptions paid by members of German clubs do ot count as "investment". German fans own 51% of the shares of their clubs! UEFA and the PL had better get the PL clubs (18 of them at least) to see sense QUICKLY.If they are hoping to ban all future related party deals, they will have a massive (!) headache in trying to define "related." Even UEFA struggled with their own rule, not sure what was related and what wasn't. See our own 2014 case. Under UEFA rules, related deals are ok, provided they are fair market value. Even after the so called experts have pronounced, UEFA will decide on a political basis. So Qatar's tourist board world wide branding sponsorship of PSG was assessed by independent experts at, iirc, about £9m. PSG's own valuation was, iirc, about £80m, but Leterme allowed it at £100m. Absolutely nothing, of course. to do with the massive tv deal from Bein.
This inflation allowed PSG to escape sanction. When the judge in charge of the Judicial Chamber found out, he appealed to CAS to reopen the case, but they denied jurisdiction. UEFA v UEFA!!!