LoveCity said:"It raises the real question about the credibility of the financial fair play," Wenger said. . The difficulty and the credibility of the financial fair play is at stake.
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What fucking credibility??!!!<br /><br />-- Wed Jul 13, 2011 9:58 am --<br /><br />
jrb said:From Red Cafe. Decent post. The rest is what you would expect. Some crackers BTH.
It was pretty inevitable that City would conjure commercial deals that would challenge the boundaries of "fair value", particularly when Uefa haven't (as far as I'm aware) established benchmarking guidelines. It is in City's interest to do so as quickly as possible. Finding out what the tolerances are now will enable them to know in advance what future commercial partners can and will bid for the opportunity to be associated with the club!!
Having bloated commercial deals isn't grounds for expulsion- the Regs merely state (in Annex X) that income amounts in excess of their assessment of "fair value" will be excluded from the break-even calculation. It's for city to challenge the regs for possible weaknesses, to see what's admissible; and it's Uefa's job to ensure that they don't lay an industrial pipeline through what I consider is the one big vulnerability in the Regs: The concept of "fair value".
As defined by the Regs, fair value is:
Quote:
Originally Posted by Annex X, P. 83
The amount for which an asset could be exchanged, or a liability settled, between knowledgeable willing parties in an arm’s length transaction. An arrangement or a transaction is deemed to be ‘not transacted on an arm’s length basis if it has been entered into on terms more favourable to either party to the arrangement than would have been obtained if there had been no related party relationship.
The bit in bold is why John W Henry (in the context of City's Etihad Airways deal) asked: How much was the losing bid? Indeed, was there a losing bid? Fair value is easier to ascertain when you have an open market consisting of numerous (and non-related) bidders vying for the opportunity to be sponsors with the winner essentially setting the fair market value. Did Etihad Airways experience fierce competition when they submitted their tender? That Cook creature must have had a terrible time trying to choose the bid that best suited his club.
The problem for Uefa's Financial Control Panel is that a benchmarking exercise to assess fair value is pretty difficult to implement in practice. Even for regular top tier contracts, comparisons can be obscured by customising (and so non-standardising) deals with all manner of "bells and whistles", fancy riders and options, conditional indexing, etc. For smaller secondary contracts, a fair value benchmark is difficult to apply where the tie-ups are unique. For a benchmark to be practical, it will need to allow for deviations, and I guess it's the size of these tolerances that City and Chelsea will try to exploit.
Having said all that, Uefa will have anticipated such shenanigans. Having invested a lot of time and money (and their reputations), I don't think they're going to fold easily when challenged by the likes of City and Chelsea. Rather than reacting to City’s new deal, it would be helpful (and proactive) if they published their benchmarking plans though.
The rags really hate GC. He must be doing summat right then! ~:-)