City launch legal action against the Premier League | City win APT case (pg901)

I think someone posted earlier that Mai Fyfield is a non-executive director of the PL, so what was she doing spending hours valuing deals? Did she do this regularly for other clubs' deals or was it just the EAG deal? Non-execs sit on the board and exercise oversight of the executive, not roll their sleeves up and get dirty.

And looking at the PL board, there's another thing I noticed. Company boards should have a mixture of executives and non-executives. Back in the mid-2000's, when I got involved in setting up a Supporters Trust at City, one of our key campaigning points was that the board didn't meet good corporate governance standards.

The reason was that there was just one executive (CEO Alistair Mackintosh) and just a handful of non-execs (Chair John Wardle, Mark Boler, Dennis Tueart and Brian Bodek). And we were a quoted company at that time so should have had a better board composition.

The PL is a multi-billion pound organisation yet has a chair, three independent non-executives and a CEO, so exactly the same as City pre-Shinawatra. Where's the Finance Director or the Marketing Director? Corporate Governance guidelines require "an appropriate combination of executive and non-executive directors...such that no one individual dominates the board's decision making".

How the hell are the PL meeting this requirement?

There's also an existing requirement that if 20% of stakeholders vote against a resolution, the organisation should seek to find out why they did. This seems to imply that if 4 or more clubs vote against something, the PL has a responsibility to investigate and understand the reasons.
We're getting almost into another thread, about the structure , governance and probity of the PL board.

As for FFP, I wonder if normal competition rules are inadequate for sports. What would stop a Musk spending billions on one team? Or several teams.

Stagecoach did predatory pricing to take over smaller bus companies. The law should have stopped it. Companies should not use a dominant position to exclude new entrants or smaller competitors. But what about when you need competitors to be viable in order to operate? In a competition, for instance?
 
Would City's counsel question the impartiality of the members, or would that be an own-goal, or simply not possible ?
I'll defer to my colleagues with the horsehair wigs on this one, but I suspect it wouldn't have been productive in this case (although it would have been interesting to ask the question about why Fyfield put in the hours she apparently did.
 
Dharmash Mistry, a 'tech entrepreneur'. Like Fyfield he also sits on the BBC Commercial Board.

You could easily question whether Fyfield was truly independent, having spent 20 years at the PL's main broadcasting partner, and having been involved in the negotiation of three rounds of TV rights with the PL.
We can thank also her for the appalling state of SKY TV today - Comcast's choice as their senior strategist from 2018
 
We can thank also her for the appalling state of SKY TV today - Comcast's choice as their senior strategist from 2018

Obviously a twat if she has any influence over the shite peddled by Sky.

Apparently she shares similar attributes to Masters in that sense, and clearly isn't self-deprecating.
 
I'll defer to my colleagues with the horsehair wigs on this one, but I suspect it wouldn't have been productive in this case (although it would have been interesting to ask the question about why Fyfield put in the hours she apparently did.

If we wanted to "escalate"...

City as a shareholder could always bring a claim against the directors, under s.260 of the Companies Act - or, given the evidence before the tribunal, under s.994:


Petition by company member

(1) A member of a company may apply to the court by petition for an order under this Part on the ground—

(a) that the company's affairs are being or have been conducted in a manner that is unfairly prejudicial to the interests of members generally or of some part of its members (including at least himself), or

(b) that an actual or proposed act or omission of the company (including an act or omission on its behalf) is or would be so prejudicial.
 
We're getting almost into another thread, about the structure , governance and probity of the PL board.

As for FFP, I wonder if normal competition rules are inadequate for sports. What would stop a Musk spending billions on one team? Or several teams.

Stagecoach did predatory pricing to take over smaller bus companies. The law should have stopped it. Companies should not use a dominant position to exclude new entrants or smaller competitors. But what about when you need competitors to be viable in order to operate? In a competition, for instance?
That is indeed a whole new area, but I've asked the question before about the nature of financial regulation in football. What is it for? What's the objective?

Is it to ensure a genuinely level financial playing field? No one really wants a scenario like Germany or France, where the wealthiest club by far generally dominates the league. Obviously that probably applies to us at the moment but there are a number of clubs who stand apart from the rest financially, with united & Chelsea showing that spending does not necessarily equate to success.

If that's the objective then you have to look at revenue sharing and spending caps. The notion of 'anchoring' is not one that I'm comfortable with. Why allow the lowest earning clubs to restrict the spending of the successful ones? You're handicapping clubs like us and Liverpool by doing that.

Is it to ensure genuine financial sustainability? I've said many times that the current PSR/FFP regimes, with the focus on historic profits and losses, aren't fit for that purpose. The squad cost rules are better, but still don't answer the fundamental questions around debt, which has generally been the main factor in club failure. We could have easily gone into administration in summer 2008, not because of historic losses, but because of cashflow issues and our inability to meet the £15m liability for the previous summer's transfers. FFP/PSR, even with squad cost limits, still won't prevent that liability-based scenario.

To use your example, if Musk took over Ipswich, and proposed a £1bn sponsorship over 5 years, it should fail the PL's FMV test. I don't think any reasonable person would have a problem with that. If he lent them a billion, there would be no regulatory scrutiny though, although they could still only spend so much, based on their revenue, expenses and squad cost. You could argue there should be some leeway though. But if he did lend them a substantial sum, regardless of whether they could spend it, then changed his mind a couple of years later and demanded it back, they'd be screwed, possibly terminally. It happened with Brooks Mileson at Gretna (although he fell seriously ill). Why are there no rules to mitigate impacts like this?

I'll finish with the question I started with, which is what is financial regulation trying to achieve? We've never had a satisfactory answer to this question.
 
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That's exactly what I was thinking. When they voted on the adoption of APTs, a purely cartel created legal mythology, what are those non cartel clubs thinking ?
What do they want for themselves?, what do the cartel promise them ?. They can't be that intellectually lacking to just believe the cartel decree "stop City FFS".
For example, West Ham why would they deny themselves a class of potential sponsorship that could transform them like us ? would it be the worst thing in the world to see the Hammers as champions of England. But as sure as God made little green apples that will never happen with the cartel owning the PL.

Aside: On the subject of 'arms length Fair Market Values' who the feck on planet earth could justify paying Masters a salary of £1.8m per annum. What other organisation in the world would be prepared to pay that imbecile that amount ?

As a Newcastle fan we've seen the response of the cartel and their lapdogs since the beginning of our takeover, they did whatever they could to stop the takeover going through, and almost did.

As for the cartel's lapdogs, the likes of Crystal Palace, I think there's an element of them being happy for the ladder to be pulled up if it keeps everyone else down there with them, they're happy for the them not to be able to ever bridge the financial gap to the 6 as long as no other club can. They're happy to just take mid-table mediocrity and £100m in TV money every season.

PSR also helps to keep a financial gap between promoted clubs and their mid-table mediocrity gravy train.

Without our takeover, none of this probably would've happened, the rules were amended to stop our owners potentially turning us into challengers, I think the impact on you that let to your case was collateral damage or rules that were aimed at us.

For whatever reason, our owners seem to have been super compliant so far. I suspect that might have something to do with the "legally binding assurances" that were given to enable the takeover to go through (in addition to our competition tribunal case and the $1bn settlement of the BeoutQ dispute). Or maybe they're just happy to sit back and let other clubs do the work for them?
 

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