Connect with us

Sports

Man City vs. Premier League over APT: What you need to know

Published

on


Manchester City’s legal challenge against the Premier League over its Associated Party Transactions rules (APT) — regulations that govern commercial deals involving club owners — has reached a conclusion, and both sides are claiming victory following the verdict of an arbitration panel.

The case, which is separate and unrelated to the ongoing independent hearing into City allegedly breaching 115 Premier League regulations that is set to conclude before the end of the year, was triggered by City launching a legal battle in June. It is a complex case, summed up by a three-person independent panel in a 175-page document, and the outcome has led to both City and the Premier League attempting to shape the narrative in their favour.

But what does it all mean? Did any side really emerge as victors? And what impact will this have (if any) on the other major hearing to come between these two sides?

City’s case was brought to challenge the legality of the Premier League’s APT rules, which are designed to determine whether sponsorship deals are financially fair and reflect fair-market value (FMV).

The APT rules were introduced in 2021 to prevent clubs from earning revenue through inflated sponsorship deals from companies related to their owners. With City owned by Sheikh Mansour bin Zayed al Nahyan of Abu Dhabi, such rules would theoretically ensure that any sponsorship deals with companies based in Abu Dhabi or the wider United Arab Emirates (UAE) could only be agreed at rates comparable to similar deals negotiated by other clubs.

For instance, under APT rules, City’s shirt and stadium sponsorship deal with Etihad — the state airline of Abu Dhabi — which are reportedly worth £80 million a year, would have to be in line with those of clubs of a similar level, such as Arsenal’s stadium and shirt deal with Emirates, the national airline of Dubai. Arsenal’s deal has been reported as being worth £50 million a year.

The rules were introduced in December 2021 following the Saudi Arabia-backed takeover of Newcastle United in October of that year. The move came amid concerns of state-owned clubs unfairly benefiting from sponsorship deals from companies that were, in the words of the Premier League Handbook, “directly or indirectly controlled, jointly controlled, or materially influenced by the same government, public or state-funded body or by the same party.” Man City have several UAE-based sponsors — including Etihad Airways, Etisalat, Experience Abu Dhabi, Aldar, First Abu Dhabi Bank and Emirates Palace Mandarin Oriental — while Newcastle have also struck deals with Saudi Arabia-based sponsors and partners since 2021.

The APT rules, which were adopted after a majority of Premier League clubs voted in favour of their introduction, were designed to “protect the long-term financial sustainability of clubs by limiting reliance on enhanced commercial revenues received from entities linked to the club’s ownership.” In other words, they aim to prevent clubs from becoming overly reliant on the funds and connections of their owners, and to minimize the risk of being exposed if the owners run into financial difficulties.

Additionally, they were designed to ensure “fairness among clubs, so that clubs are not able to derive an unfair advantage over domestic competitors by increasing revenues or reducing costs via arrangements with entities linked to a club’s ownership that are not at FMV.” This element is designed to prevent clubs benefiting from artificially inflated deals above market value from competing with clubs without such advantages.

On Monday, the arbitration panel found that the Premier League’s APT system is a vital part of the competition structure and a “carefully crafted scheme,” so that is regarded as vindication of the rules by the league. It was also determined that City’s argument that APT rules discriminated against clubs with ownership from the “Gulf region” were unfounded.

However, the panel also found that some aspects of the regulations are unlawful and must be redrawn.

“In footballing terms, it feels very much like a Manchester City win, with the Premier League scoring a consolation goal,” Christopher Allen, partner at the London law firm Memery Crystal, told ESPN. “I say ‘consolation goal’ as the Tribunal did not appear to find that the principle of having rules around associated party transactions (APT) in and of itself to be unlawful.

“In other words, the aim and the principle of regulating APT is fine. The issue for the Premier League is that both of its attempts to date to bring in rules on the subject have been found to be unlawful.

“The unlawful nature of the current APT rules represents two problems. First, with Manchester City having now taken the seismic step of being the first club to bring a claim against the Premier League, it could open the door for other clubs who might have had transactions vetoed by the Premier League as part of the old APT rules to seek redress. Second, and a point that is being widely reported from the Tribunal judgement, is that interest free shareholder loans perhaps ought to be part of any new APT rules that the Premier League now brings in.”

For that reason, judgements on two Manchester City deals — with Etihad and First Abu Dhabi Bank — have been set aside and must be looked at again to reconsider whether they actually met the terms of “fair-market value.”

The panel rejected City’s argument that the object of the APT rules was to discriminate against clubs with owners from the Gulf region, but it upheld City’s claim that shareholder loans — which are essentially interest-free loans — should not be excluded from the scope of the APT rules. As a consequence, the Premier League will now integrate the assessment of shareholder loans into APT rules, and will determine whether clubs are benefiting unfairly from favorable loan terms.

It also found that “APT Rules are unlawful on account of being in breach of sections 2 and 18 of the Competition Act 1998 because they exclude from their scope shareholder loans and for no other reason.”

Simon Leaf, a partner and head of sport at London law firm Mishcon de Reya, said the outcome was “best described as a score-draw.”

“It’s not quite as clear-cut as one side being able to claim victory over the other,” Leaf told ESPN. “Competition law is generally concerned about ensuring proportionality and fairness when those in a dominant position, like the Premier League, make decisions, and the Panel here found that by not considering shareholder loans within the APT rules, the Premier League is in breach of the law.”

“Shareholder loans” are defined as monies put into clubs by owners or directors on an interest-free basis, but because they are not subject to commercial loan rates, they can be regarded as an unfair advantage. Had those loans been secured from a bank, clubs would have to pay interest that would fall under Profit and Sustainabity (PSR) regulations, but as they are interest-free, clubs with shareholder loans are potentially avoiding having to service repayments amounting to tens of millions of pounds each year.

As a consequence of today’s finding, the Premier League will move to adopt shareholder loans into APT calculations, which counts as a win for City. Why? Because those clubs benefiting from such loans will now be assessed on whether they are gaining a financial advantage from loans that don’t have commercial interest rates.

“We suspect that this could be of concern to up to nine Premier League clubs that are believed to have received such loans,” said Allen. “However, changing the Premier League’s rules may be difficult. Typically, it requires the consent of 14 of its members, and it may now be even trickier to persuade clubs to agree on a new set of APT rules.”

“These kind of loans are commonplace in football,” said Leaf, “and they are intended to ensure clubs can keep paying wages and basically keep the lights on, so it would be a significant change for them to be considered within the APT rules, and something that may ultimately prove to be problematic for many of the club’s rivals that rely heavily on this type of funding.”

“Going forwards, it is difficult to envisage an appeal by either side here because ultimately each party can justifiably come out of this action claiming a relative degree of success.”

However, it’s worth noting that the exclusion of shareholder loans from the APT rules was a choice by the majority of clubs that wished to encourage transparent investment, and 19 of them (including Manchester City) voted in favour of this approach.

No, this case was brought by City to challenge the legitimacy of the APT rules. Some elements of their argument have been upheld, but overall, the fact that the Premier League is free to retain the APT rules, albeit with some minor changes, means that very little will change.

The key change will be the consideration of shareholder loans in amended APT rules, which City regard as balancing the rules to cover clubs who are partially financed by such loans. But City are facing no penalties. They brought this action, not the Premier League, so it is pretty much case closed.

In short, no. That case, with the independent hearings beginning back on Sept. 16, centres on City’s alleged failure to provide accurate and up-to-date financial information from 2009-10 to 2017-18 — charges that City deny — and APT rules did not come into play until 2021, so there is no overlap.

However, had City won the APT hearing, it could have discredited the Premier League and raised doubts as to its competence as a governing body, thereby damaging its reputation and the strength of its rules and regulations. And had City’s case been dismissed, it could have weakened the club’s attempts to win the PR battle before the verdict in their battle to overturn the 115 charges.

But with both City and the Premier League emerging from Monday’s APT findings claiming victory, neither has suffered the kind of blow to their reputation that would have damaged them ahead of the outcome of the other case.

In reality, there is very little significance to it beyond the amendment of the APT rules to ensure that shareholder loans will now be scrutinised. Once that issue is addressed in the Premier League Handbook, the “unlawful” element of the APT rules will fall into line with UK competition law. There is no threat to the APT rules and they will continue to be applied.

The shareholder loan element is merely a technical change that will not have a substantial impact on those clubs who benefit from shareholder loans. Why? Well, if a club has an interest-free shareholder loan of £200m and must now face having to pay interest at 6%, that would only be an additional £12m a year. Not a small sum, but nothing close to the potential financial benefits of sponsorship deals deemed to be above fair market value.

The verdict has created a lot of noise, and that suits City in that some have interpreted the outcome as a win for the club and therefore a defeat for the Premier League. But when the dust settles, this all really comes down to a tweak to comply with competition law rather than a signpost toward the outcome of the 115 charges hearing.

Continue Reading
Click to comment

Leave a Reply

آپ کا ای میل ایڈریس شائع نہیں کیا جائے گا۔ ضروری خانوں کو * سے نشان زد کیا گیا ہے

Sports

Root becomes England’s top test scorer, pummels Pakistan with ton

Published

on

By


Multan: Joe Root scored a majestic unbeaten century after surpassing Alastair Cook as England’s top run-scorer in test cricket and guided the team to 492-3 at stumps on the third day of the opening match against Pakistan on Wednesday.

Root began the day on 32 not out, needing a further 39 runs to eclipse Cook’s tally of 12,472, and the former captain eased to his target with an on-drive for four off Aamer Jamal before soaking up loud applause from the travelling English fans.

He then fought off cramps after lunch to bring up his 35th century with a reverse-sweep and looked poised to plunder more runs after cruising to 176 not out at the close with England trailing by 64 runs.

Fellow Yorkshireman Harry Brook was batting on 141, a fine knock that followed Ben Duckett’s quick-fire 84 earlier.

Pakistan’s bowlers were unable to extract any help from the flat pitch at the Multan Cricket Stadium and were wrestled into submission by England, who had toiled on the first two days of the match.

Root got to his fifty earlier with an inside edge and the 33-year-old survived a loud lbw appeal to go past Cook’s record and into the top-five in the all-time list behind Rahul Dravid, Jacques Kallis, Ricky Ponting and Sachin Tendulkar.

Resuming on 96-1 after Pakistan amassed 556 in their first innings, England lost Zak Crawley for 78 inside the first hour of the day when the opener flicked one from Shaheen Afridi to Aamer Jamal at mid-wicket.

That abruptly ended the 109-run stand for the second wicket but England were in no mood to slow down.

Duckett, who dislocated his left thumb while taking a catch and was unable to open on Tuesday, showed no signs of the issue as he took to the crease and smashed spinner Abrar Ahmed out of the attack temporarily with three boundaries in the 30th over.

The left-hander needed only 45 balls to bring up his half-century but Aamer trapped him lbw in the afternoon session to snap his 136-run stand with Root and leave England on 249-3.

Continue Reading

Sports

Pak vs Eng: Day 3 action begins as England respond to Pakistan’s 556

Published

on

By


Pakistani players celebrate the wicket of England’s Zak Crawley on third day of first Test at Multan Cricket Stadium on October 9, 2024. — PCB

England resumed batting on the third day of the first Test on Wednesday, but suffered an early setback with Zak Crawley’s dismissal as they were aiming to build a solid partnership in response to Pakistan’s imposing total of 556.

The day began with the score at 96-1 with Crawley and Joe Root on the crease. However, left-arm pacer Shaheen Afridi struck early and dismissed the former as he got caught at the hands of Aamir Jamal while trying to play a shot on the legside.

The match, first in the three-match series, is being played at the Multan Cricket Stadium and is part of the ICC World Test Championship 2023-25.

With Root (49*) and Ben Duckett (34*) on the crease, the score stands at 162-2 with the English side trailing by 394 runs.

England are being led by Ollie Pope in the first Test after the visitors’ captain Ben Stokes was ruled out of the contest due to a hamstring injury in the Hundred League.

Earlier in the match on day two, right-arm pacer Naseem Shah struck in his first over and sent England skipper Pope to the pavilion.

The day began kicked off with Pakistan at 328/4 with Saud Shakeel and Naseem on the crease. Naseem (33) was dismissed after Harry Brook caught the ball in the 105.4 overs.

Salman Ali Agha’s unbeaten ton and Shakeel’s 82 guided Pakistan to a respectable total against England at the conclusion of the first innings within 149 overs on Tuesday.

Playing XI

Pakistan: Shan Masood (captain), Saud Shakeel (vice-captain), Saim Ayub, Abdullah Shafique, Babar Azam, Mohammad Rizwan (wicket-keeper), Salman Ali Agha, Aamir Jamal, Shaheen Afridi, Naseem Shah, Abrar Ahmad

England: Zak Crawley, Ben Duckett, Ollie Pope (captain), Joe Root, Harry Brook, Jamie Smith, Chris Woakes, Gus Atkinson, Brydon Carse, Jack Leach, Shoaib Bashir

Continue Reading

Sports

Bucs to leave Tampa on Tuesday ahead of storm

Published

on

By


TAMPA, Fla. — In advance of Hurricane Milton, the Buccaneers are leaving the Tampa area early this week and heading to New Orleans on Tuesday, ahead of their Week 6 game at the Saints.

The team was able to secure the necessary hotel rooms in New Orleans to avoid having to take another flight Saturday.

According to the National Hurricane Center, Milton has strengthened into a Category 5 hurricane with maximum sustained winds of 160 mph over the southern Gulf of Mexico. Its exact track is still to be determined, but Hillsborough County, which includes Tampa, has begun issuing mandatory evacuations for Zones A and B and all manufactured/mobile homes.

Milton could make landfall Wednesday in the area.

“We are preparing for the highest evacuations we have ever seen, most likely since 2017,” Kevin Guthrie, the Florida director of emergency management, said at a news conference. Forecasters have warned of a possible 8- to 12-foot storm surge in Tampa.

The area has already seen damage from Hurricane Helene, which made landfall in Florida’s Big Bend area with a Category 4 designation Sept. 26, with the storm’s sheer size impacting much of the state.

The last time the Buccaneers evacuated the area for a major hurricane was in 2022, when the team headed to Miami before Hurricane Ian. It also did so in advance of Hurricane Irma in 2017, chartering four planes to Charlotte, North Carolina.

Meanwhile, the NHL’s Tampa Bay Lightning canceled Monday night’s scheduled preseason finale against the Nashville Predators. The game initially was rescheduled from Sept. 27 due to Hurricane Helene, which caused extensive damage in the region.

The Lightning open the regular season at Carolina on Friday. There was no immediate word on whether the team would evacuate to Raleigh, North Carolina, ahead of the storm.

College sports are being impacted, too, with UCF in Orlando announcing all home athletic events Wednesday and Thursday have been canceled. That includes Wednesday’s volleyball match against Colorado, Thursday’s women’s soccer match against Arizona and the first day of the men’s tennis ITA Southeast Regional on Thursday. The volleyball match against Colorado has been rescheduled for Sunday, Oct. 13.

The school said Saturday’s Big 12 home football game against Cincinnati is still scheduled for a 3:30 p.m. ET kickoff.

Coach Gus Malzahn said the Knights plan to practice Wednesday morning, before the storm’s effects are expected to arrive in the Orlando area.

“We’re trying to stay in our routine as best we can,” Malzahn said. “We’ll adjust with it. We’ll have a plan no matter what happens. We’ve been talking through that. I think the main thing planning-wise is making sure our players are taken care of, and all the people in our program.”

ESPN’s Adam Schefter and The Associated Press contributed to this report.

Continue Reading

Sports

Shehroze Kashif summits all 14 peaks over 8,000m

Published

on

By


Pakistani mountaineer Shehroze Kashif. — Reporter

Pakistani mountaineer Shehroze Kashif has set a new record as the youngest climber in the country to conquer all 14 peaks over 8,000 meters.

The 22-year-old achieved this milestone today by reaching the summit of Shishapangma, which stands at 8,027 meters.

Known as the “Broad Boy,” Kashif reached the summit early this morning, solidifying his place in the annals of mountaineering. 

He is only the second Pakistani to achieve this remarkable feat, following Sarbaz Khan, who recently became the first Pakistani to scale all 14 eight-thousanders after summiting Shishapangma.

Kashif’s journey to conquer the eight-thousanders began in 2019 when he, at just 17 years old, successfully scaled Broad Peak, which rises to 8,047 meters. This initial achievement catapulted him into international prominence.

In 2021, Kashif summited iconic peaks including Mount Everest, Manaslu, and K2. The following year, he showcased his skills by reaching the summits of Kanchenjunga, Lhotse, Makalu, Nanga Parbat, Gasherbrum I, and Gasherbrum II. His impressive streak continued as he conquered Annapurna, Dhaulagiri, and Cho Oyu last year.

He was unable to summit Shishapangma last year due to an accident. Had he succeeded at that time, he would have become the youngest climber in the world to complete the daunting challenge of summiting all 14 eight-thousanders.

Expressing his joy over his recent accomplishment, Kashif reflected on the challenges he faced. “I knew it was going to be extremely difficult, and the risk of losing my life was real,” he said. 

“But I kept my focus on the goal. Now that I am standing here, I realize that this achievement is not just about climbing mountains; it’s about overcoming fears, doubts, and limitations. For me, it is nothing short of a miracle.”

Kashif in this journey was also supported by BARD foundation.

Abdul Razak Dawood, the founder of the foundation, said that was at a loss for words to describe his happiness today.

“I always believed in the extraordinary potential of this young man, and today, he has surpassed all expectations, making the entire nation proud. There’s no greater feeling than witnessing the name of Pakistan’s youth celebrated at a global level,” he said.

Continue Reading

Trending