Quite some years ago (as far back as the UEFA case against us and long before the Premier League charges) I posted several detailed arguments about the litigation being ill-founded. Why? Because competition law (European and British) prevents "abuse of a dominant position" and "anti-competitive practices". It seemed odd to me at the time (though since then I've come to be wise to the anti-Arab investor, pro (disgraced) US investor stance, particularly at the Express and the Telegraph, and most notably the Guardian) that point never seemed to be made.
There are perhaps 100 - maybe 500 - maybe even 5,000 - more experienced commercial lawyers in the country than me, but I know my onions. Under pressure from the likes of Liverpool, Manchester United, Arsenal and the Levy team, the Premier League was blackmailed into introducing regulations thet they knew to be unenforceable. Abuse of a dominant position. Anti-competitive. Read the judgement and see how many times those phrases appear, Nyah, nyah. Told you so.
Damage control from the Premier League is risible. They can change the rules by club vote to align with the verdict? Yes, they can. But that's for the future, not the past. We can still sue them for the two lost sponsorship deals. And we should.
In my 5,001st ranked commercial lawyer's experience, every possible allegation gets thrown into the pot. Why? To complicate. To confuse. Invented by me - the Premier League are puppets of Putin - just look at this memo supporting Russian involvement in European competitions. But these things are careful distractions. Although they allow the other party to claim victory in insigniicant areas.
Two things were important for us. Those two things were the only arguments we needed to win. And we won both. The rules on associated party transactions are anti-competitive and an abuse by the Premier League of a dominant position. And undercover funding (see Arsenal, Liverpool, the Levy club and Manchester United - we have none) by shareholder loans claiming to be 'repayable' are now part of any FFP assessment.
Anti-competitive practices.
Abuse of a dominant position.
(Hides under cover) Toldja so.