Clifford Chance

Clifford Chance secures victory on behalf of four leading sports agency clients, CAA Base, Stellar, Wasserman and Arête, in a landmark competition law case against FIFA and The Football Association

Following a one week hearing in September, before an esteemed FA Rule K Tribunal comprised of (former Supreme Court judges) Lord Collins, Lord Dyson and Christopher Vajda KC (former judge of the Court of Justice of the EU) the Tribunal concluded that the FA cannot implement FIFA’s desired cap on agency fees within England & Wales. The detailed Award can be found here.

Chris Yates, Litigation Partner and Head of the Sports Group, said:

"We are delighted to have helped our clients in securing a positive and vital outcome for their respective businesses. It was extremely hard-fought litigation, where our clients were facing a well-resourced opponent in FIFA that was committed to its agenda. Our clients have been consistent throughout their engagement with both FIFA and the FA that they welcome the regulation of the agent industry, but that FIFA had overstepped in seeking to impose illegitimate restrictions on their leading businesses without proper consultation. We are pleased that the Tribunal has supported our view that the imposition of the regulations would have been a breach of competition law in this jurisdiction.”

Sam Ward, Antitrust Litigation Partner in London, said:

"This is a rare example of a successful antitrust challenge against a sports governing body, with the Tribunal finding that if the FA implements the fee cap it will be in breach of UK competition law. This decision underscores the developing trend of competition law being used as a means to challenge the decisions of industry bodies or to advance commercial interests."

Chris Yates led the team with Antitrust Litigation Partner, Samantha Ward. They were supported by a Clifford Chance team of Ben Jasper, Julia Kono, Alec Teevan, Chloe Lettington and Tom Lewis. The team instructed Marie Demetriou KC, Max Schaefer and Sarah Bousfield of Brick Court Chambers. Derek Holt of Alix Partners was instructed as an expert economist.

Clifford Chance has a leading Sports Group that advises on the biggest ticket issues facing sports bodies, investors, clubs and industry participants. We have a dedicated global, cross-practice group with unrivalled expertise and experience, built on 25 years of providing innovative and commercial solutions for our sports clients in the major markets around the globe.

Clifford Chance has a leading Antitrust Litigation Group which deals with the most high value and reputationally significant disputes. We advise defendants/complainants on investigations by leading global antitrust authorities and appeals before the courts. Our experienced global team also represents clients facing with damages claims and class actions, arising from alleged infringements of antitrust law.