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SCHOOL OF SPORT, EXERCISE AND HEALTH SCIENCES Regulatory Disputes in the English Premier League A case study of the EPL: An initial analysis of perception s on the effect of FFP By, Olusanjo Olutayo, BA/B.Sc. (Hons) University of Sunderland Supervised by Dr. Borja Garcia Garcia A project submitted in part fulfillment of the requirements for the degree of Master of Science in Sport Management Word Count

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Page 1: EPL case study

SCHOOL OF SPORT, EXERCISE AND HEALTH SCIENCES

Regulatory Disputes in the English

Premier League

A case study of the EPL: An initial analysis of perceptions on the effect

of FFP

By, Olusanjo Olutayo, BA/B.Sc. (Hons) University of Sunderland

Supervised by Dr. Borja Garcia Garcia

A project submitted in part fulfillment of the requirements for the degree of

Master of Science in Sport Management

Word Count 13,442

© Loughborough University

Year 2015

LOUGHBOROUGH UNIVERSITY

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Acknowledgements

I would like to start by thanking God for providing me with the strength and will to

complete this research project particularly in moments of difficulty.

I would like to express my gratitude to everyone who supported me throughout the

course of this M.Sc. project. I am thankful for their guidance, advice, criticism and

support during the duration of this research. I am sincerely grateful to them for

sharing their truthful and illuminating views on a number of issues related to the

project.

I express my warmest thanks to my parents for their encouragement and advice.

I would like to thank those who contributed positively towards my research in

particular my close friends on the course who provided moral support in surplus.

I would also like to thank both my tutor and my project supervisor Dr. Joe Piggin

and Dr. Borja Garcia for their assistance, support and availability for the duration of

the project during the course of the study.

Olusanjo Olutayo

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Contents1. Introduction.........................................................................................................6

1.1 Aims and Objectives........................................................................................8

1.2 Methodology...................................................................................................10

1.3 Chapter structure...........................................................................................11

2. Literature Review.................................................................................................12

2.1 Introduction....................................................................................................12

2.2 Defining FFP..................................................................................................13

2.2.1Salary caps and FFP; issues of legality.......................................................14

2.2.2 FFP v Article 45 TFEU................................................................................15

2.2.3 FFP v Article 101 TFEU..............................................................................16

2.2.4 FFP v Article 102 TFEU..............................................................................16

2.3 The consequence of FFP...............................................................................18

2.4 FFP Pros........................................................................................................21

2.4.1 FFP Cons....................................................................................................23

2.5 Cost Control Mechanisms..............................................................................25

2.5.1 Luxury tax....................................................................................................25

2.5.2 Salary cost management protocol...............................................................26

2.6 Conclusion.....................................................................................................28

3. Methodology........................................................................................................30

3.1 Research paradigm........................................................................................30

3.2 Research Design............................................................................................32

3.3 Case Study.....................................................................................................34

3.4 Data Collection...............................................................................................35

3.5 Reliability and validity.....................................................................................39

4. Data Analysis.......................................................................................................41

4.1 Introduction....................................................................................................41

4.2 Transfers & Wages........................................................................................44

4.2.1 Wages.........................................................................................................44

4.2.2 "Unfairness" of FFP.....................................................................................48

4.2.3 Increase in “Player Power”..........................................................................52

4.3 The Impact of Television................................................................................54

4.4 Conclusion.....................................................................................................57

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5. Discussion and Conclusion..................................................................................59

5.1 To what extent do clubs feel they can challenge the legality of FFP and what impact will that have on UEFA’s ability to enforce it?...........................................59

5.2 What problems do stakeholders in the EPL face in trying to adhere to the demands of UEFA’s FFP regulations?.................................................................61

5.3 To what extent is FFP an appropriate solution to regulate and ensure the long-term stability of European football?..............................................................63

5.4 Policy and managerial recommendations......................................................65

5.5 Limitations and suggestions for further research...........................................67

References..............................................................................................................68

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Abstract

This research project investigated initial perceptions of the effects of Financial Fair

Play (FFP) on European football, using the English Premier League as a case study

to focus the research. The primary objective of the research project was to the

legality of FFP as a regulation to govern the financial stability of European football

and whether ultimately, it was the most appropriate. The case of Portsmouth FC

falling from the Premier League into liquidation was a stark awakening to the

consequence of excessive spending on transfer fees and wages. With the collective

debt of European clubs, rising, UEFA sought to impose regulations that would bring

bank equilibrium to earnings and spending. The laws would in theory provide

greater parity to European football by limiting the spending of the major European

powers. However the inflexible nature of the regulations along with some specific

requirements means that the spending of both big and small clubs are constrained,

and with big clubs already with established revenue, they in effect become

protected from challenge.

The research used a qualitative method as it sought to investigate opinions. This

would allow for greater collection of discourse on the subject matter, as the data

analysed was highly descriptive and subjective in nature. This allowed access to a

plethora of content from which opinions were collated and outstanding themes were

identified. Within these themes also were subthemes which underpinned the

outstanding themes, providing further nuances of knowledge beneficial to the

overall research.4

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The research found that FFP is an inappropriate set of regulations for governing the

financial prudence of European clubs. Its contradictoriness makes it anti-competitive

by nature which is detrimental to the continued growth of European. Flawed policies

coupled with the rising prominence of television broadcasting deals have made it at

time obsolete. With UEFA set to make changes to the regulations, it is important

that they take into account the issues that have raised concerns.

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1. Introduction

In 2008, the global economic crash set in motion the need for financial reforms that

would increase scrutiny on the monetary practices of banking corporations. This

need for increased financial diligence permeated through most major industries; this

included the football industry. With a majority of professional football clubs in

Europe experiencing ‘significant losses’ (Muller, Lammert & Hoveman, 2012), there

was growth in concern for the long-term viability (Hassan, 2014). To put into

context, had the football leagues in Spain, England and Italy operated as ‘normal’

companies, they would have been met with insolvency within two years

(Rothenbucher, Mesnard, Rossi, Hembert and Ramos, 2010). Though it is widely

understood that the business of sport and football operates in a peculiar nature

(Gratton, 2000), the rate at which expenditure had exceed income, and the very real

threat of one of Europe’s major footballing institutions being faced with bankruptcy

meant a solution was required.

Though to some degree the Premier League remained somewhat “unaffected”,

mainly due to strong TV, sponsorship and spectator revenue streams, the wider

European picture -and English football’s lower tiers- had a far bleaker outlook.

There is an inherent belief that football as a business is an unstable industry

(Szymanski, 2010). Coupled with increasing financial mismanagement and the

global credit crunch, UEFA, the governing body for European football, took it upon

itself to introduce a set of rules that would protect the long-term sustainability of

European football clubs; Financial Fair Play. Financial Fair Play (hereafter FFP) was

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introduced to ensure clubs would spend within their means and that spending would

be done through revenue streams generated by footballing activities. The need for

FFP was justified in its inception as a ruling that would protect the game from

“reckless spending and financial insanity” and also “…encourage competition on a

more effective and efficient basis” (Chaplin, 2014). However, since FFP has been in

existence, many opinions across a broad spectrum have come into being; how

relevant is FFP? Can UEFA truly implement and enforce these rules both? What

effect will it have on competitiveness (Vöpel, 2011; LK Shields, 2014; Jemson

2013)?

From the perspective of the Premier League, finance generated through strong

footballing revenue streams i.e. a £5bn broadcasting deal (BBC Business, 2015)

provides some form of protection against the restrictions of FFP. However, with

more income, there is the potential for more outlay. Therefore, from a competitive

standpoint, one can already observe the conflicting nature of FFP hence giving

reason for this research project.

The importance of this research is to observe and analyse the discourse around

FFP. This will help to define it, and to provide understanding and clarity on what

impact stakeholders feel FFP may have on European football, using the English

Premier League (hereafter EPL) as a case study to better understand the

stakeholder dynamics. Justification for selecting the EPL as case study reference

lies in the fact that it has both the highest turnover and expenditure in European

football (Deloitte, 2013), and the excessive spending of clubs in this league

(European Commission, 2013) had been used to justify the need for these

regulations. The main questions the research will look to answer are the following;

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- To what extent do clubs feel they can challenge the legality of FFP and what

impact will that have on UEFA’s ability to enforce it?

- What problems do stakeholders in the EPL face in trying to adhere to the

demands of UEFA’s FFP regulations?

- To what extent is FFP an appropriate solution to regulate and ensure the

long-term stability of European football?

1.1 Aims and Objectives

These questions will direct the focus of the project by defining the existing

interpretations of FFP both on a domestic and European level. It will look at the

implementation of UEFA’s regulations alongside the regulations of the Football

League, and what effects they will have on the EPL stakeholders; what problems do

they face and how may they counteract these problems? By collating and

examining stakeholder opinions and perceptions, the researcher will be able to gain

an understanding of the current climate in regards to FFP, and what the possible

future implications for all stakeholders might be. Though this project will not look to

make a legal analysis on FFP as this falls outside the scope of the research

objectives, it will explore perceptions around the legality of FFP, its long-term

viability and what the alternative options are, whether that is a restructuring of the

current regulations, or the complete abandonment of FFP itself. This will allow the

researcher to successfully fulfil the aims of this research project which are;

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- To collate and critically analyse opinions and perceptions in football

regarding FFP and what effects it has and will have on the stakeholders of EPL

football.

- To identify and examine strategies stakeholders may employ in order to meet

its requirements and identify other factors that would affect FFP.

- To identify the long-term viability of FFP by examining claims against its

legality and exploring what alternative solutions may exist.

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1.2 Methodology

The methodology for this research project will make use of qualitative research

methods consistent with a project of a social scientific nature. The project will make

use of content analysis in order to ascertain and analyse themes, biases and

meanings. Through the use of written documents, video and other secondary

sources of data, the researcher will be able to collect substantial information that will

aid in the completion of the research objectives. The researcher will employ

interpretative techniques that will ensure content collection and analysis is

systematic and objective. The researcher will use the appropriate coding frames to

ensure true meaning can be gained from themes identified in the data collected.

This will allow for more intensive interpretation and further uphold the credibility of

this research.

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1.3 Chapter structure

The chapter structure for the research project will be as follows;

It will begin with the title page stating the topic of research and will be followed by

an abstract to provide a surface insight into the content of the project.

The introduction section will provide an explanation on what the research is about,

what questions the researcher is looking to answer and what the objectives of the

project are.

The literature review section will look critically into the existing literature on FFP,

providing definitions, and going over literature debates around FFP. It will explain

the usefulness of these literal pieces to the overall objectives of the research

The methodology will look at how the research was conducted, identifying the

research design of the project, the data collection methods, and how the researcher

ensured the validity and reliability of the project.

The results section will be a presentation and analysis of the researcher’s findings,

making reference to the research questions, looking to answer them.

The discussion and conclusion will look at the implications of the research’s findings

and conclusions, and will also look at the limitations of the project and if there is a

need for further research on the topic

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2. Literature Review

2.1 Introduction

Regulation, as a general precept, exists to enforce legislation corresponsive with

the appropriate sector or industry. In sport, it is apparent that there is a gap between

real world occurrences and its regulatory framework (European Commission, 1998).

Whereas there was once a presumed solitary European model of sport, deviation

from that train of thought strongly suggests that there is an acknowledgement of the

transformations in the governing structures of European sport (Garcia, 2009).

Such transformations have largely been influenced by the growing economic value

of football, in this case study; the English Premier League (EPL). As the financial

value of the league and the clubs within it has risen, so has the need for monetary

caution as an observation of other major leagues in Europe depicts. In both Spain

and Italy, professional football has experienced financial crisis (Lago, Simmons &

Szymanski, 2006) and from these problems the need for Financial Fair Play was

realised. The problems stemmed from an imbalance between income and

expenditure (Barajas & Rodriguez, 2010); therefore a significant portion of the issue

could be attributed to a search for competitive superiority. Competitive imbalance

can drive down league revenues (Lee & Fort, 2012) so in order to prevent such,

policy can be introduced in a preventative measure.

2.2 Defining FFP

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The introduction of FFP rules by UEFA was done in a bid to secure the long term

stability of football within Europe. A marked rise in financial problems with European

clubs was becoming more apparent including in England most prominently in the

case of Portsmouth Football Club, a former EPL club that was faced with liquidation

due to financial negligence. These regulations, according to UEFA President Michel

Platini would;

“…help clubs free themselves from the cost spiral that has seen many of them

experience severe financial difficulties in recent times” and “to put stability and

economic common sense back into football”.

The objectives of FFP were to;

• to introduce more discipline and rationality in club football finances;

• to decrease pressure on salaries and transfer fees and limit inflationary

effect;

• to encourage clubs to compete with(in) their revenues;

• to encourage long-term investments in the youth sector and infrastructure;

• to protect the long-term viability of European club football;

• to ensure clubs settle their liabilities on a timely basis. (UEFA, 2009)

From a financial perspective, these regulations would ensure that clubs could not

spend beyond their financial capabilities. However, this is where FFP first opens

itself to criticism. If spending is limited by how much a club can generate, then the

larger clubs such as Manchester United -the 3rd most valuable sports club in the

world- have a significant advantage over their lesser counterparts not just from their

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ability to generate larger amounts in revenue, but from also having multiple streams

-of revenue -multiple lucrative sponsorships and global marketing- in comparison to

their cohorts (Fletcher, 2012). Fletcher see UEFA’s failure to exact distributive

justice as potentially ‘disastrous’, with the result being stagnation at the top of the

Premier League and little room for clubs to join them.

With the argument being that the new rules restrict the movement of aspirational

clubs, solutions to ensure the fairness of FFP have been suggested. Of the several

cost control mechanisms proposed (other methods are further discussed later in this

chapter) one of the most prominent is the implementation of a salary cap. However,

this has also been met with opposition.

2.2.1Salary caps and FFP; issues of legality

The policies of FFP fall between the realms of law and governance and to what

extent it can be enforced without conflict between the two. For example, player

salaries are the biggest expenditure of clubs in the Premier League - 71% as a

portion of turnover in 2012/13 season (Wilson, 2014) - therefore, in order to

exercise prudent financial governance; UEFA could introduce a salary cap.

A salary cap looks to limit the amount a sports team can collectively allocate on

player wages. That limit may be set as a general amount for all clubs, or relative to

each team i.e. as a percentage of a team’s revenue. Limiting player wages is also

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an existing element in FFP regulations. The regulations operate similarly to a

relative salary cap, being based on the revenue of the individual team.

An independent review of European sport (hereby IERS) by the European Union in

2006 identified the need for policy on cost controls “designed to promote

competitive balance between teams” (Arnaut, 2006) and championed the

implementation of a “salary cost management protocol” by the English Football

League. Authors such as Vrooman (2007) and Kesenne (2000) have argued in

favour of salary caps, with Kesenne stating that salary caps improve the competitive

balance in a league, manage the excessive salaries of top players and guarantee

the owners of both big and small clubs reasonable profit.

2.2.2 FFP v Article 45 TFEU

However, EU laws -free movement of labour- exist, preventing the implementation

of a salary cap and the sheer amount of money involved inevitably will lead to legal

challenge (Lindholm, 2010). Foraker (1985) discusses the difficulty salary caps

pose against the freedom of movement recognising that they make it difficult for

players to move between teams as the existence of cap space becomes a condition

for employment. Therefore a team with insufficient cap space will be unable to

employ either free agents or players whose clubs are willing to trade them. This

complication of player movement is where the problem lies.

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2.2.3 FFP v Article 101 TFEU

Additional arguments against a salary cap fall under Article 101 of the Treaty of the

Functioning of the European Union (TFEU), which looks at anti-competitive

behaviour. Salary caps can be anti-competitive in nature (Lindholm, 2010) and can

lead to monopsony - a situation whereby there is only one buyer in a market. Clubs

compete when it comes to buying players and the enforcement of a salary cap may

limit who a club can pursue - negatively affecting overall quality and

competitiveness.

2.2.4 FFP v Article 102 TFEU

Legal challenges by clubs against UEFA could be further strengthened by the claim

that the use of a salary cap constituted an abuse of a dominant position under

Article 102 TFEU, seeing as UEFA are the sole controller of professional football in

Europe and any actions they take against competitiveness can be done without

regard or repercussion (Lindholm, 2010). While the FFP rules implemented by

UEFA would not be considered an abuse of a dominant position (it was done with

the long term-sustenance of European football in mind), the vagueness of the edict

(does not provide a clear definition of what constitutes as abuse) (Lindholm, 2010).

Coupled with its conflictions with the other laws, the problems of a direct salary cap

are clear. As such, instead of introducing a salary cap outright, FFP employs other

financial regulations -alongside a quasi-salary-cap- seeking to improve the financial

performance of European club football and to protect its long-term sustainability.

However, financial success can be linked directly with competitive success - glory

hunter phenomenon (Sass, 2012). If a club is successful, it is able to increase its

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market size translating into revenue. The “spend money to make money” attitude is

unsustainable in relation to FFP’s requirement to ‘break-even’ meaning only

historically wealthy clubs are able to compete under such limitations; “since small

clubs cannot overspend or invest in a greater market size for the future…a

maximally uneven competitive balance in the long run, where big clubs dominate

small clubs is the resulting outcome” (Sass, 2012).

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2.3 The consequence of FFP

When analysing the consequences of FFP, an interesting phenomenon arises.

Under the assumption that FFP will only favour the big teams (Vöpel, 2011), the

vast amounts of wealth in comparison to other European leagues means that in the

competition for superior raw materials -players- clubs participating in the Premier

League have a financial advantage over their European counterparts. Studies exist

to show there is direct correlation between player quality and output winning

percentage (Jones & Cook, 2015). Historically, it has proven difficult for new teams

in the league -their place in the EPL achieved through promotion from the Football

League Championship- to sustain themselves in the Premier League due to older

and larger market clubs’ attainment of “greater levels of resources, involvement in

more competitions and improvement in television and sponsorship funding” (Jones

& Cook, 2015). The same can be said for small market clubs and teams who

perennially compete for mid-table positions. When these two factors are put

together -greater funding from TV deals and access to better quality of player- what

occurs is the compartmentalisation of the league into several ‘mini-leagues’; the

race for the title, for places in European competition, a top-half finish, and the

relegation battle (Manasis, Avgerinou, Ntzoufras & Reade, 2013).

With money distributed through television rights deals, these EPL participants can

increase revenue positionally – a higher finish in the table means more prize

money. This asymmetric distribution of prize money can help balance competition

(Szymanski & Kesenne, 2004). This readdresses the issue of competitive success

being directly linked to financial success. Such an incentive heightens the potential

for the EPL clubs to take risks which makes competitive balance an ‘inherently

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unstable’ objective (Vöpel, 2011). Empirically speaking, the argument comes full

circles against UEFA that by implementing FFP, they negatively affect competition

by inhibiting the ability of all teams to attempt compete on an even scale; behaviour

which is anti-competitive in nature. FFP effectively monopolises competition for the

haves against the have-nots; “it unintentionally protects well-established clubs from

being challenged by non-established clubs…confirms an unbalanced competition

rather than making it more even” (Vöpel, 2011).

This provides an explanation for the occurrence of ‘segregation’ into mini leagues in

the Premier League. However, this isn’t necessarily detrimental to the ability of the

league to provide entertainment and attract television audiences. Uncertainty of

outcome was once viewed as the most relevant factor for sports viewing

(Rottenberg, 1956) but the quality of playing talent is now the preference (Buraimo

& Simmons, 2015). Therefore, as the overall quality of talent increases, so to,

empirically speaking, do the viewing figures which translates itself into the ability for

the league to negotiate huge television deals such as the one recently attained.

While it doesn’t redress the issue of competitive imbalance in totality, it does

increase the competitive balance within these quasi-divisions.

However, the enhanced buying power of clubs in the Premier League has

counterbalanced the restrictive nature of FFP. With clubs seeing a significant

increase in ‘relevant income’, their ability to spend is unhindered by the constrictions

of FFP. While it doesn’t dramatically raise competitive balance in the Premier

League -as previously discussed- its effect on the wider circuit of European club

football is a more telling. The discrepancy in television rights deals compared with

other European leagues -for example, TV rights are negotiated individually in Spain,

puts the Premier League, financially, in a position of power. If the quality of player is

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the most desirable factor in attracting viewership, then the Premier League is in a

position to attract better players, with their ability to pay higher wages. Andreff

(2011) speaks of the league bargaining for increased TV rights revenues which

enables teams to inflate their payrolls. This theoretically makes the Premier league

a more attractive destination for players and as the quality increases, so too does

the marketability maintaining the cycle. Better players lead to higher wages, which

leads to increased spending - the same issue that FFP created to reduce. This

reflects the conflicting and contradictory nature of FFP in the sense that in

attempting to enact a law, they may be inadvertently breaking one. And in

attempting to create parity in European football, they are widening the gap. Chelsea

FC manager Jose Mourinho echoes this sentiment;

"I think Financial Fair Play is a contradiction because, when football decided to go

for Financial Fair Play it was exactly to put teams in equal conditions to compete.

What happened really with the Financial Fair Play is a big protection to the

historical, old, big clubs, which have a financial structure, a commercial structure,

everything in place based on historical success for years and years and years.”

(ESPN, 2014)

Consequently, FFP appears to be an inappropriate regulation, lacking, and

uncertain to be effective. However this does not draw any final conclusions as there

are pros and cons the weighed up before casting a final verdict.

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2.4 FFP Pros

Both Manchester City and Chelsea are valid examples of how vast expenditure has

transformed non-contenders into competitively successful clubs both domestically

and in Europe. In addition to the traditional league powerhouses -Manchester

United, Arsenal and Liverpool- their presence has created competition at the

summit of the Premier League that in turn has translated into sizeable revenue

evidenced by the £5.14bn television rights deal recently negotiated (BBC Business,

2015). In the Premier League money from television rights is distributed quite fairly

between all 20 teams, which, in relation to competitiveness, is the only practice that

might have an impact on narrowing the competitive gap (Buraimo & Simmons,

2015). With FFP looking to encourage teams to only spend revenue they generate

through footballing activities, the television rights deal becomes a significant player

in the goal of achieving competitive balance. The ability to reinvest their turnover

into their teams not only leaves teams materially stronger, but also financially

stronger. There is no literature to confirm that FFP may lead to more aggressive

negotiating by the EPL, however, tighter financial restrictions may lead to the EPL

pushing for bigger revenue from its streams including television. The National

Football League (NFL) generates nearly double the EPL in revenue (Chemi, 2014;

BBC News, 2015), and with almost half of that accounted for through media rights,

Rosner & Shropshire, 2004) state it wouldn’t be much more profitable than the NHL

(National Hockey League) - they currently make less than the EPL.

On the other end of the table, in recent years, the battle to avoid relegation has

provided as much entertainment as the race for the title itself. This could be

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attributed to the overall increase in quality of player in the EPL (Buraimo and

Simmons, 2015) outside of the traditional title contenders. This creates parity

between the teams competing within these ‘mini-leagues’, with the importance of

this being that a semblance of parity existing within the league may potentially be

displayed. In other words, larger market teams maintain and possibly extend the

gap between them and smaller market teams, while the smaller clubs are under the

impression that they can catch up. While this may sound disadvantageous, the

interest generated within these mini-leagues adds to growth of television income.

FFP may not even out competition in the Premier League, but it will put clubs in a

stronger financial position. The case of Portsmouth FC is a scenario that UEFA, the

EPL and the Football League do not want a repeat of and increased financial gains

makes that less likely. Additionally, with FFP looking to encourage long-term

investments in the youth sector and infrastructure, money generated from these

media contracts can be directly invested into youth and facility development for

which the benefits of this are obvious.

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2.4.1 FFP Cons

Despite the restrictions that FFP poses, it may not be completely prohibitive. One

specific issue that FFP was made to counteract was the heavy financial influence of

foreign owners, evidenced by the specific outlining of ‘relevant income’ in the

regulations - direct investment from wealthy owners was excluded (Peeters &

Szymanski, 2012). The impact of foreign ownership has manifested itself in several

aspects; player quality, club performance, which in turn has reduced the competitive

balance of the Premier League (Jones & Cook, 2015). Undesirably, in some cases

this has led to an increase in individual club debt and in addition to this, in order not

to fall further behind, clubs (both foreign and domestically owned) have “had to

increase their own spending both on transfer costs and player’s wages to stop

getting left behind” (Jones & Cook, 2015).

This highlights the difficulty of implementing FFP regulations. Aside from the

monetary factor, any challenge by UEFA for what could be perceived as a violation

of FFP would be futile without strong legal backing (Lago, Simmons & Szymanski,

2006). Even in regards to foreign ownership factor, FFP hinders their ability to make

direct investment into clubs, therefore if they cannot affect performance directly in

order to increase financial success, an alternative must be found. The emergence of

American professional sporting influence in the Premier League illustrates this. The

exponential trajectory of commercialism and greater focus on profit maximisation in

the Premier League is in line with American model of sport (Andreff & Staudohar,

2000) which “is more commercially oriented than the traditional English structure

with key roles for advertising, sponsorship and particularly television” (Duke, 2002 in

Hassan and Hamil, 2013). This has manifested itself in things such as match times

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which “occur at various times during weekends as well as mid-week as pay

television searches for content that will attract viewers to sign up” (Nauright &

Ramfjord, 2010). The globalisation of the game has seen match day tickets turn into

a valuable good with average prices greatly increasing, and a greater focus on the

affluent has in turn led to an increase in “corporate hospitality with raised ticket

prices, renovated stadiums, and luxury suites and corporate boxes” (Nauright &

Ramfjord, 2010).

While this approach towards profit-maximisation is tempered by the win-

maximisation characteristic embedded in European football leagues, the importance

of attaining a higher quality of player - in relation to win maximisation, means that

clubs take on a more aggressive approach in securing these players (Solberg &

Haugen, 2010). This can be translated into spending large sums of money in

transfer fees. FFP is actively looking to decrease transfer fees and player salaries

so again, there are contradictions. This coupled with the rational fear of sharing with

weaker clubs, mainly due to the promotion-relegation structure of the EPL and the

thought that a team that is weak today, might be strong tomorrow (Vöpel, 2011).

Subsequently, bigger teams will pay more to maintain the gap.

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2.5 Cost Control Mechanisms

As FFP looks to bring discipline and rationality to European footballing finance, it is

important to identify and understand the cost control mechanisms clubs may employ

to ensure they are in compliance with the laws. Discussed earlier is one such

mechanism; salary caps. However, with the potential difficulty in its implementation,

it is important to explore what other alternatives there are;

2.5.1 Luxury tax

Luxury tax in sport is a system which can used to discourage teams from greatly

exceeding an agreed salary cap, with the goal of maintaining parity between large

and small market teams (Dietl, Lang & Werner, 2010). Within salary caps, there are

hard caps -maximum salary that can’t be exceeded and soft caps - a set limit on

player salaries, but with exceptions that allow teams to exceed that cap. While all

employ a set limit, a league which employs a luxury tax has no limit on what can be

spent on player salaries. However, if a team goes over the pre-determined limit set,

then they are required to pay a surcharge. How this acts as a deterrent for even the

richest of teams, is that the money derived from this tax is distributed among the

financially weaker teams. This theoretically would aim to create a better competitive

balance within league, because redistribution among clubs counteracts financial

imbalances (Dietl, Lang & Werner, 2010). The luxury tax hypothetically slows the

growth of salaries and prevents larger teams from signing all of the top players

within a league. This is in line with FFPs aim of decreasing wage and transfer fees,

however, factors such as the pre-determined limit before the tax comes into effect

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could be issues of contention, further, while it may deter financial imprudence, it

does not totally prevent it.

2.5.2 Salary cost management protocol

Salary cost management protocol (hereby SCMP) is a regulation in place in the 3rd

and 4th tiers of the Football league. It stipulates that clubs operate within a

constrained spending framework which limits spending on player wages to a

percentage of the club’s turnover - 60% in League 1 and 55% in League. Clubs

forecast their projections for the spending for the coming season

(financialfairplay.co.uk, 2015). The biggest benefit of SCMP is its flexibility. Clubs

provide regular updates on turnover and their wage bill throughout the season.

Clubs that then spend within 5% of the forecasted amount are then inspected. If

club is on course to exceed the limits, the Football League will impose a transfer

embargo on said club. Currently in place in the EPL is the Short-term Cost Control

Measure, a form of FFP, but it is restricted to teams earning over certain amounts in

certain seasons and certainly lacks the flexibility of the SCMP. Most significantly,

the embargo can be placed on the team before they overspend if they are indeed

heading towards overspending. This could be an effective method of cost control in

the Premier league. Applying the conventions of SCMP to the Premier League the

2013/14 season the wages-to-turnover ratio would be at 67%. While this is more

than the actual 58% wage-to-turnover ratio in that season, it is less than the 71% of

the 2012/13 season, and much of that reduction can be attributed to the large

broadcasting deals (BBC News, 2015).

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This is where the impact of television is even more telling. Even more so than the

legal issues that plague FFP, is the fact that it can be undermined or bypassed in

the event of club earning a windfall sum, thus the Premier League becomes a

league of ‘haves’ versus the ‘have-nots’ of the other European leagues. Burdekin

and Franklin (2015) argue that the top tier teams in the Premier League (teams in

place to qualify for European competition) have pushed transfer spending to the

point where not much is gained in performance for each additional € spent and that

for the smaller teams in the league, there is a much more noticeable effect on

performance in terms of earning more. Nevertheless, these smaller clubs cannot

invest the same financial resources as the top tier into strengthening their club.

These problems though greatly alleviated from the incredible amount of financing

from large television deals, cannot mask the fact that despite FFP, the net outlay of

Premier League clubs may increase.

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2.6 Conclusion

It is conclusively apparent that television plays and will continue to play a major part

in the FFP narrative and on footballing finance in general. This has several

implications for all parties involved; UEFA, the Premier League (both the body and

the clubs within it), the owners and the players themselves, implications which are

bound to conflict. For owners, operating in the EPL, the win-maximisation feature

means they will incur higher player costs and greater demand for talent (Fort &

Quirk, 2004). Players additionally will look to seize the opportunity to earn as much

as their talent dictates (and with powerful enough agents, probably more) which will

drive up costs for owners and the clubs they own. The EPL will benefit from the

quality of talent being introduced into the league but will forfeit competitive balance

in the long run - although as long as profitability isn’t affected then this is not an

immediate concern.

There is currently a delicate dichotomous balance between the profit maximisation

aspects of the league and its win maximisation aspects. In profit maximisation

leagues, revenue sharing increases competitive balance (Kesenne, 2000) however

the EPL has found a paradoxical niche whereby the competitive balance that exists

within the league actually highlights how imbalanced it actually is.

But as quality increases within the lower tier, so will their opportunity to at least ‘put

up a fight’ against the league’s elite, a current narrative that has proven financially

lucrative. For UEFA, the question is whether FFP needs a restructuring of its

regulations. Many argue that it is anti-competitive and even its core purpose of

establishing financial diligence is under threat from the growing monetary

investment into football from sponsors and television companies. Vöpel calls

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competitive balance an inherently unstable objective and questions its need in

European football. If it continues to be ineffective in its role, it may soon cease to

exist.

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3. Methodology

3.1 Research paradigm

In looking at FFP, the researcher sought to look at what effects the implementation

of such policy would have on the identified stakeholders of the particular law. It also

sought to look at what possible strategies these stakeholders would employ in order

to circumvent or operate in accordance with FFP, and what that would ultimately

mean for the regulation. The interpretivist approach chosen by the researcher was

done on the assumption that reality of FFP is constructed intersubjectively. This was

underpinned by a relativist approach towards ontology depicting FFP as something

to be studied through social observation. Relativist ontology can be defined as the

construction of reality through social interaction. It challenges the idea of

established universal constructs through said interaction, with value being

something can be relatively and subjectively added, through differences in

perception (Jupp, 2006). Opposing this ontological perspective is the realist

approach, defined by Phillips (1987) as “the view that entities exist independently of

our theories about them”. What this essentially means is that there is an objective

reality in which specific characteristics can be perceived, but we cannot take in the

totality of reality (Almaas, 2000). This however was not an appropriate ontological

perspective for this research. The nature of the research question indicates a study

of perception and opinion. It requires the understanding of FFP from multiple

sources with both consistent and conflicting views. Jonker and Pennink (2010),

discuss the importance of selecting the appropriate paradigms to aid with the

structuring of the project, while Wahyuni (2012) identifies its substantial influence on

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the undertaking of a social and how it is important for framing and understanding

social phenomena. Through different meanings and understandings i.e. the need for

greater financial prudence, it’s understood how FFP comes into being. However, the

great amount of differing opinions and interpretations of FFP show that knowledge

regarding the topic is not an objective reality, but research that may be analysed,

through reason, socially and theoretically in order to reach a subjective answer.

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3.2 Research Design

In order to successfully accomplish these objectives, the appropriate

methodological research approach was employed. In the case of this research

project, the approach chosen was qualitative, and this rationale was justified

because the project employs an analysis of opinions and perceptions. Such data is

not easily quantifiable and therefore a qualitative approach was the more

reasonable analytical aid in the processes of collection and analysis. This is a

consequence of the relativist ontological perspective, as its characteristic of

understanding through social interaction is more applicable with a qualitative

method of research.

Qualitative research is a form of inquiry that seeks to understand the why and how

in decision-making (Wilson, 2010). Denzin and Lincoln (2000), identify the

qualitative approach as beneficial towards research looking to understand the

‘socially constructed nature of reality’, and highlight the value of inquiry. Theory

exists which provides the existing opinions of how FFP is perceived. What is crucial

to achieving the research objectives is to understand how the stakeholders have

arrived at that opinion, why they have, and what the implications for UEFA and FFP

are.

Further justification for the use of qualitative research is that it allows for multiple

interpretations, such is the nature of the research question. As the interpretivist

paradigm allowed the researcher to approach this project open to the various

constructs on FFP, qualitative analysis is better suited for this research. Dialog is

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important for the collection of data, and qualitative methodology employs more

conducive methods of successfully doing this.

The design strategy employed by this research was inductive in nature. While basic

theory on FFP already exists, the research is looking to provide a conclusion to the

existing theoretical premises. An inductive approach aids with building the theory

(Wilson, 2010) to make strong conclusions. Armed with the knowledge that FFP

exists for the purpose of reducing financial mismanagement and ensuring the long-

term football of European football, the research intended to find whether the

proposition differed from reality, and if it did, then to what degree. Extrapolations

regarding the role of FFP can be made due to the existing theory on FFP and

through observation of the impact it has already had in its short existence

nevertheless, further observation of existing opinions and perceptions will aid in the

development of probable outcomes. It will help to provide an understanding of what

themes currently exist in regards to FFP, and what that indicates for its long-term

objectives. The role of theory in this project is to establish a grounding from which

we can either check findings against, or as a platform from which probable results

can be derived. Creswell (2009) states that theory can be used as a perspective

‘that shapes what is looked at and the questions asked’. The argument for choosing

an inductive approach over a deductive method for this research is rooted in the

nature of the research itself. The research seeks to determine the probability of

success for FFP and what -in the case of it being improbable- the alternatives might

be. It does not seek to determine whether FFP is right or wrong, but uses empirical

research to comment and add to the existing conceptual approach.

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3.3 Case Study

Existing discussions on FFP show that it is a broad topic. It is also apparent that

FFP can affect teams differently which is determined by a number of factors i.e. the

size of the club, the league it operates in etc. By choosing a case study, the

researcher was able to make the project more quantifiable by isolating its analysis

on a sole entity, the English Premier League. This was done in order to ensure that

the discussion did not become convoluted due to numerous stakeholders of FFP.

Case study approaches are usually synonymous with projects rooted in theory-

building (Dyer & Wilkins, 1991) and aids the researcher in in specifying what they

are exploring (Yin, 2003). Further justification for choosing a case study using the

EPL is the possibility of applying the findings to other European leagues. Themes

may arise from stakeholders in the EPL which also convey the perceptions of their

European counterparts and this could aid in the process of making future

comparative studies (Berg, 2006). This entire researcher is underpinned by a

relativist approach which makes emphasis on the non-existence of universal

constructs and adding value through dialog. Case studies can provide “extremely

rich, detailed and in-depth information” (Champion, 2006).

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3.4 Data Collection

In research, it is important that the study is undertaken with the need to find cause

and meaning as critical underpinning aims of the project (Easterby-Smith, Thorpe

and Lowe, 2002). It was important that the area of knowledge and the way by which

said knowledge was gained was justified in this project. Content analysis was used

as the main research tool, thus it was important that the claims of the content were

assessed critically. The nature of the research means that there is a plethora of

material to be used by the researcher in an attempt to answer the research

questions and fulfil the research objectives. Content analysis is typically performed

on various forms of communication (Berg, 2006) such as written text, videos,

audiotape etc. It was important that before undertaking analysis, the researcher

considered what needed to be analysed and how best to approach it making use of

this analytic technique. The first thing to consider was the qualitative nature of the

project. That content analysis can be employed to examine any type of

communication (Abrahamson, 1983) means it was a suitable method of collection to

use within this project. While considered by some as a data collection tool more

suitable to a positivist approach (Berg, 2006) and has been described as ‘objective,

systematic and quantitative’ (Berelson, 1952), it is also very beneficial for the

analysis of qualitative social communication which aided the researcher in making

data interpretations (Bogdan and Biklen, 2003) and developing ideas based on the

information from the emerging themes and patterns.

For the criteria of selection the researcher ensured that the chosen criteria were

consistently and comprehensively applied to the content being analysed. Choosing

the right criteria was important to the research as it helped ensure the reliability of

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the measures (Berg 2006), which helped to authenticate the findings. Holsti (1968)

explains that by doing such, ‘it eliminates analysis which only supports the

researcher’s hypotheses’, thereby providing a more balanced piece of research. For

example, the identification of key words over several pieces of text would be

important for understanding would the content is trying to communicate. Within this

however, the researcher also had to take into consideration using either (or both)

manifest content analysis or latent content analysis. Manifest analysis looks at what

the data is blatantly conveying, while latent analysis looks for sub-meaning - what

the data may really be trying to convey. This research looked to collect and analyse

perceptions on FFP, a controversial topic, but one that participants can be open

about. Therefore, extending analysis to find latent content is not entirely

unnecessary.

Before analysis, it was important that the researcher developed an existing theory

which would aid the coding process. The inductive nature of the project is what

dictates this. Abrahamson (1983) discusses the importance of this in order to

identify themes. This is more beneficial than a deductive approach due to the

epistemic uncertainty attached with the research paradigms of this project. The

researcher sought to identify themes and concepts surrounding FFP during the

process of content analysis. In order to successfully do this, the researcher had to

decide on the sample size. This helps with narrowing the research in order to

objectively answer the research questions. Due to the specificity of the subject,

there was a select amount of data that the researcher could employ in sampling.

Marshall and Rossman (1999) identify that it is crucial to the research that the

researcher considers the rationale and that the population from where the data will

be collected is an appropriate one (Berg, 2006). The researcher made use of

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nonprobability sampling specifically purposive sampling and convenience sampling.

The specific nature of the research -FFP- means that though there isn’t a shortage

of information available, in order to successfully answer the research questions, the

content selected for sampling was required to be directly relative to FFP. As the

researcher could not gain access to conduct interviews with a suitable number of

relevant individuals, the most easily accessible data was chosen. As such the

researcher made use of interview transcripts with individuals directly involved in the

world of football, newspaper articles on FFP, and video interviews with individuals

directly involved in football. The investigative and exploratory nature of these

sources of data is valuable to answering the research questions, as they provide

ample amounts of theory which consists of “plausible relationships proposed among

concepts or sets of concepts” (Strauss and Corbin 1994).

For the coding process, the researcher made use of open coding. The overriding

objective of the research project is to determine whether FFP is the most

appropriate solution for regulating finance in European football and identify specific

reasons why it may or may not be. However, in the process of research, there may

be unanticipated benefits (Pearson, 1987) which may produce results that the

researcher had not originally intended to discover. The discourse surrounding FFP

is inextricably linked with other issues such as competitive balance, financial ethics

and several other topics. Therefore, the researcher must be open to findings that

although may lead away from the research question, may still prove to be useful.

Coding is necessary for organising and interpreting data (Berg, 2006) and to

successfully do this, the appropriate coding frame needs to be selected. The

researcher made use of axial coding. Axial coding is method by which the

researcher relates the themes and concepts to each other (Strauss & Corbin, 1998).

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This allows the researcher to introduce relevant theoretical perspectives, which

bring together the established theory, and the researcher’s grounded theory (Berg,

2006). The discourse surrounding FFP raises many theories on its effectiveness in

regulating, the efficiency of the process itself, and whether it may cause more

problems than it intends to solve. The codes were created using these and other

analytic categories shaped by the research questions as were data grounded

themes.

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3.5 Reliability and validity

Generalizability in qualitative research can be difficult -particularly in comparison to

quantitative research. Therefore, the researcher had to ensure that the study

produced was both valid and reliable in order to ensure its potential replicability

(Wahyuni, 2012). For this to transpire there must be consistency in measurement.

With quantitative research, it is easier to measure the empirical data due to their

statistical nature. Qualitative research seeks to interpret phenomena to produce

credible information and greater understanding on the topic (Wahyuni, 2012), and

as such the concepts of reliability and validity are difficult to apply to the study

(Bryman, 2012). King and Horrocks (2010) suggest that the there are three types of

criteria which can be employed; using criteria from quantitative research, using

alternative criteria to quantitative, and the stance whereby no fixed criteria is used at

all. The researcher made use of alternative criteria to ensure reliability and validity,

specifically Guba and Lincoln’s 1989 model for research worthiness. This model

uses four criteria to assess the standard of qualitative research; credibility,

dependability, transferability and confirmability. Credibility looks at how much the

researcher’s interpretation is certified by the research participants (King & Horrocks,

2010). Dependability is relative to reliability and is concerned with the setting in

which research is being conducted and if there is a consistency in that framework

i.e. repeatability (Wahyuni, 2012). Transferability looks at the ability of the

researcher to provide adequate detail that would allow for the transfer of that

framework into a different topic of qualitative study (Lincoln & Guba, 1985) and

confirmability (like credibility) looks at how much others can confirm the results of

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the research and how much do the results reflect the observations from those

interviewed (Wahyuni, 2012).

The researcher chose these criteria to measure reliability and validity because of

the inductive nature of the study. This approach focuses on attaining information

through the building of theory. Therefore it is critical that the information attained is

credible as a reference point for future bodies of work relating to this topic. The

individual criterions ensured that careful examination and analysis was applied at all

stages of the analytic process. They provided a framework that forced the

researcher to observe the process carefully in order to ensure an objective body of

work was produced.

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4. Data Analysis

4.1 Introduction

Using content analysis, outstanding themes were uncovered in regards to the

discourse of FFP. The overall aim of this research (as stated in the introduction)

was to look at the problems surrounding FFP, in terms of its effectiveness as a tool

of governance, and ultimately its viability. The themes that arose from the data

analysis were particularly pertinent as they indicated issues that were fundamentally

detrimental to the success of FFP. Two encompassing themes were identified to

depict the complications FFP faces; Transfers and Wages & the Impact of

Television. These two main themes identified include several sub-themes which will

be expanded upon in depth within the analysis. Within the discourse, these two

main points though interconnected, were each individually posed several problems

towards the functionality of FFP. Regarding television, its trickle-down effect into

salary and wages (and inevitably player power) presents an evident problem for

UEFA. With UEFAs president and general secretary - Michel Platini and Gianni

Infantino - declaring the regulations a success (Slater, 2015), such a statement

must be looked at objectively. While net European debt has fallen from 1.7bn euros

in 2011 to 400m euros in 2014 (Slater, 2015), it must be considered how much of

this owed to the mega broadcasting deals being attained in both Europe, and

domestically - in particular the Premier League. Discussed within the literature

review was the effect the television deals had on reducing net debt in the league.

This effect is reflected in the wider European picture, however while a picture of

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increased financial prudence is painted, in reality, the spending behaviour of

European clubs has not changed. This is evidenced by the new Premier League

record net expenditure of £870m - £1bn in the calendar year of 2015) (BBC Sport,

2015). For the Premier League, this clearly indicates a greater ability to attract

playing talent than other European leagues, which in the long-term, may be

detrimental to the overall competitiveness of European football. Clubs having more

money effectively means that they are able to pay players more. This segues into

the theme of player transfers and wages. One of the objectives of FFP was;

“…to decrease pressure on salaries and transfer fees and limit inflationary effect”.

(UEFA, 2009)

It is clear however that this has not been the case, most certainly in the case of the

Premier League. Take for the example Dutch international Georginio Wijnaldum

who forwent the opportunity to play Champions League football with current Dutch

League Champions PSV Eindhoven (for whom he was captain), to sign for

Newcastle United who finished 15th in the 2014/15 season. This example is highly

indicative of the financial pull of the Premier League. While in terms of

competitiveness, the Premier League is recognised by UEFA coefficients as a

stronger league than the Dutch counterpart, providing a motive for such a move, the

sacrifice of Champions League football is telling. It is not improbable to assume the

player could have moved to a team in a more competitive league, offering football in

international European competition. However in terms of spending power i.e. the

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ability to offer higher wages; no league can compete with the Premier League. This

sentiment is echoed by Bayern Munich CEO Karl-Heinz Rummenigge;

"Their income from the TV pot is much, much bigger than our income in Germany or

Italy or in Spain…”

“The tsunami wave will probably get bigger next year because the TV pot will be

bigger than this year, and so the transfer market will be totally dominated by the

English clubs, that is a fact." (Homewood, 2015).

The data analysis will look further into the themes and subthemes that arose from

the content alongside the theoretical expectations from the literature review which

will help to answer the proposed research questions.

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4.2 Transfers & Wages

4.2.1 Wages

Surrounding the discourse of FFP, one of the most consistent themes that appeared

during coding and reduction was the topic of player transfers wages. Discussed

extensively within the literature review was the use of cost control mechanisms as a

preventative measure against the consistent rise in footballer salaries. This was

relevant as one of the objectives of FFP is to decrease player wages and stop the

snowballing of transfer fees. Within the initial analysis of broadsheet newspapers, it

is apparent that player wages is one of the more prominent reasons for clubs

struggling to adhere to FFP regulations. Lynam’s (2013) article on FFP states that;

‘The time has come for Premier League clubs to control players' salaries and that

must involve performance-based incentives.’

There is recognition that the rise in expenditure of wages -parallel to the rise in

revenue- has made the EPL a highly attractive destination for players. As stated in

the literature review, the quality of playing talent is now the preference of the

viewership, which has contributed to an overall increase in the quality of player

(Buraimo and Simmons, 2015). However, while players of quality might be attracted

to a huge wage packet it won't necessarily keep them motivated or satisfied. If this

translates into a decline in performance and subsequent loss of playing time, then

the club effectively begins to sink costs. The data reflects this sentiment;

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‘Guaranteed income can have a negative impact on motivation and even a huge

salary can cause unhappiness if it happens to be less than a team-mate of

perceived similar ability.’ (Lynam, 2013)

‘…the league’s [EPL] drawbacks continue to be the absence of measures to

constrain wages and provide competitive balance.’ (Blitz, 2012)

As FFP was introduced as a measure to improve the financial behaviour of

European clubs, it comes as no surprise that thematically, this was one of the most

prevalent issues. One of the questions the research sought to answer was what

methods might clubs employ in order to adhere to FFP regulations. The literature

discussed salary caps, SCMP and luxury tax as methods which could be employed.

Performance-based pay was identified as a cost control mechanisms in the data.

Performance based pay is a system currently employed at FC Barcelona and in the

EPL, Manchester City and Liverpool FC. In a performance-based system, two-thirds

of the salary is fixed, while the remaining third is based on the success of the team,

and a player playing at least 60% of first team matches. This approach has been

implemented successfully at FC Barcelona, and has not hindered their ability to

attract players of superior quality (it is worth considering that the storied history of

the club and the prestige of playing for Barcelona could be a more crucial part of

their ability to recruit top players). In the case of Manchester City (hereby MCFC),

the club was one of the teams to fall foul of FFP regulations when sanctions were

first introduced. The literature review discusses glory hunter phenomenon, the

theory that links finance directly with competitive success. MCFC’s recent

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successes were financed by foreign owners and that they were successful indicates

that there is truth behind Sass’ theory. While, ‘winning the talent war’ by attracting

and retaining key personnel is important to competitive success, there is a

substantial benefit to applying a performance based structure (Sturman, Trevor,

Boudreau & Gerhart, 2003). And as FFP negates non-football related finance

alternatives must be implemented. Liverpool FC managing director, Ian Ayre

describes the clubs’ incentivised pay package;

“…from the football club’s perspective, our view has to be that people are rewarded

for contributing towards what we achieve. As long as contracts are structured in that

way then everyone wins. If a player performs then he will be rewarded.” (Berry,

2014)

While theoretically speaking, this may be beneficial to all stakeholders, it is

important however to first look at this pay structure objectively. In the case of bigger

teams such as MCFC they are competing at the top end of the league and so not

only are they likely to perform better and hence successfully meet the criteria

required to attain the third of wages based on performance, the guaranteed two-

thirds operates on a higher budget. For teams with a much smaller wage budget,

any action further limiting player wages may have the effect of driving away and

keeping away talent as;

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“At the end of the day, there will always be a club willing to offer more money or at

least more guaranteed money” (Berry, 2014)

Similar sentiment is echoed by West Ham co-owner David Gold;

“You chase a player, offering a million pounds a year, and your competitor offers

£1.2m and you offer £1.3m and so it goes on…we can protect clubs from gambling,

borrowing, running up debts by for instance insisting on a certain percentage of

wages against turnover.” (Tongue, 2012)

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4.2.2 "Unfairness" of FFP

The literature review discussed the positive correlation between player quality and

winning percentage therefore in a league (EPL) that is predominantly a win-

maximiser, it is difficult to expect teams to engage in behaviour they perceive to be

detrimental to their competitiveness. The resulting opinion is reflected in the

literature review, with FFP being thought of as inherently unbalance as it protects

well-established/financed clubs from being challenged.

"...criticism of FFP has grown over the last two seasons as many observers have

pointed out that stopping clubs from spending more than they earn cements the

status quo - without the ability to speculate with their own money, ambitious owners

of smaller clubs can never compete with more established clubs for the best

players." (Slater, 2015)

The quote from Slater reiterates Vöpel's (2011) sentiment about the anti-competitive

nature of FFP expressed in the literature review.

With one of the principle requirements of FFP being that clubs break-even, the

prevention of investment from sources outside of footballing activities, increases the

difficulty for teams to meet these requirements. Stated within the literature is how

the contradictory nature of FFP is detrimental to the competitive ability of smaller

teams. However, content analysis revealed that it can also be constricting of the

bigger/growing teams, particularly those that are looking to expand their global

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reach. The argument for these teams is that if they are unable to make use of

monetary investment from non-footballing activities, then they are unable to expand

their consumer base, which would have the effect of increasing their footballing

revenue. This again is testament to the contradictory nature of FFP. Discussed in

the literature review was the case of Portsmouth Football Club going into

administration, and how FFP sought to prevent such an occurrence again, but the

investment approach from Man City's owners has been markedly different to that of

Portsmouth. An example of this is the £200m training complex opened in December

2014. Such investment was made with the aim of providing facilities that could

attract the very best players including youth players. According to Man City reserves

coach Patrick Viera;

"If we go into the market and we compete to bring young players or first-team

players in, having a facility like this can only help. When you are a young, talented

player from Manchester - or worldwide - you want the best possible facilities to

challenge and improve yourself." (BBC Sport, 2014)

One of the main objectives of FFP was to;

"...encourage long-term investments in the youth sector and infrastructure". (UEFA,

2009)

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It is apparent that Manchester City have fulfilled such objectives, and there is the

belief that FFP was designed to stop clubs such as Man City or PSG (non-

traditional European powers who have come to the forefront of European football

through foreign investments) from competing with the "old order";

"City have never been in danger of going out of business since the 2008 takeover.

The transfer deals that have been put in place haven't been funded by promises

and the club's owner is investing in his business rather than saddling it with debt.

Sheikh Mansour has always provided the capital up front, which is now a

contributing factor in whether spending beyond one's means is allowed."

"There's a big case of double standards going on here...FFPR is stifling competition

among the European elite and has been implemented as nothing more than a way

to stop the likes of Manchester City circa 2008 getting ideas above their station. It's

UEFA's way of telling everyone to know their place." (Mooney, 2015)

Manchester City captain Vincent Kompany echoes similar beliefs on the design of

FFP;

“For me, it is protecting those few clubs who were already geared up to be

successful. It’s the clubs who were already able to generate the most revenue that

wanted FFP the most. So I just look at it in terms of the established order protecting

themselves."

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"Our owners have invested to build a successful club. That in itself will bring in more

fans and create more revenue. Is that so bad? Just because a club is part of the

established order doesn’t mean they should be guaranteed success forever.”

(Jepson, 2015)

These quotes are in direct correlation with the discussions in the literature review on

how FFP unintentionally protects well established clubs from being challenged

(Vöpel, 2011). It is apparent that from the data, that while FFP was structured in a

way that would increase the financial prudence of European football, its inflexible

nature inadvertently favours clubs with large already-established footballing revenue

sources. As journalist Martin Samuel iterates in an interview with Platini;

"I don’t think for one second that your idea was to protect Manchester United or to

protect Barcelona, my point is that the way that the financial fair play rules have

been set up, that is what is going to happen". (Samuel, 2013)

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4.2.3 Increase in “Player Power”

Within this discourse of transfers and wages one sub-theme of particular note was

how FFP has led to an ever greater increase in player power. Noted in the literature

review was the aim of decreasing player transfers and salaries as a primary FFP

objective. In order to comply with FFP rules and avoid fines and sanctions, clubs

must be more aware of cost control. With the highest cost to clubs being player

salary (Wilson, 2014), there is a greater awareness to keep the wage bill at a

manageable level. Therefore, theoretically speaking, if a player were to seek a

bigger wage from the club, if the club are not willing to match what that individual

feels they are worth, then there are 3 options; a) accept the club’s offer, b) run down

the current contract and leave for free, or c) try to force a move to a club willing to

pay the wages the player is demanding. It is circumstances where option b and c

have both been factors, that player power is most prominent. If a player is about to

enter the 4th year of a 5 year contract, though waiting two seasons might be too

long, they are still in a position to force the transfer. With clubs’ spending limited to

revenue directly from footballing activities, the risk of losing a player on a free

transfer when a lucrative transfer fee could have been gained is a scenario they

would look to avoid. However, if the wages being demanded are too high for them

to pay, then they may effectively be forced to sell. This puts the power in the hands

of the player. Clubs may look to redress the balance of power by perhaps asking for

a transfer fee that might be considered “too high”, but if the interest is coming from

one of the bigger clubs i.e. Manchester United, then money becomes less of an

issue.

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“This is the age of ‘player power’ in football, and there is little doubt that in transfer

deals, it is they who hold the key.” (Jones, 2015)

“It’s just another example of player power. That’s how football’s going now - there’s

not a lot you can do about, whether you like it or not.” (Jones, 2015)

FFP has unintentionally given players a greater ability to leverage their positions at

clubs in order to secure better financial deals for themselves. Once again, it is

another example of how FFP rules contradict their intended aims. The rules sought

to have a deflationary effect on player transfers and wages, but by doing so, it

doesn’t allow clubs who don’t have high revenue streams to offer players

completive salaries which would allow them to keep the players at the club. Player

will invariably move elsewhere, where they can get a bigger contract. As such, the

aim of keeping player wages low is circumvented. Additionally, as the selling club

are forced to part with a player they may perceive as a valuable asset, it is likely

they will inflate the price of the player in a bid to either ward off offers, or recoup as

much from the player as possible. Again, this is in contrast with an FFP aim of

reducing transfer fees. However, in the case of the Premier League, this has

become far less of an issue for clubs due to the great sums of money coming in

from television broadcasting rights.

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4.3 The Impact of Television

Thematic analysis of the data brought to the fore two main themes; Transfers and

Wages, and the Impact of Television. Discussed earlier in this chapter was the

effect of FFP on transfers and wages, and how it has failed to keep the figures for

both lower. Also mentioned, is the decrease in European footballing debt. As

television broadcasting figures have risen remarkably, it provides an explanation for

both occurrences. Discussed in the literature review was the impact of broadcasting

finance and its ability to enable teams to increase their wage bill (Andreff, 2011).

While this is contradictory to one of the main objectives of FFP, broadcasting

finance has also helped also increased the footballing revenue of European clubs,

most especially the Premier League. This creates a false reality of increased

financial prudence as more clubs are able to declare profit. That the Premier

League was able to declare £3.26bn in profit (Deloitte, 2015) shows how heavy the

impact the broadcasting deals the league has been able to bargain have been. So

much so that it has positively affected the net debt of European football. However,

in relation to competitiveness, while the Premier League is able to attract greater

playing talent, the rest of Europe suffers. This again highlights the anti-competitive

nature of FFP. While anti-competition within a league may be less of an issue (in

the case of the Premier League this is due to the “quasi-divisions”), in the wider

Europe where ‘old order’ teams are involved, it is a far greater issue. As Arsene

Wenger points out;

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“It looks like there’s an international pressure to make these rules more flexible

because of potential investors in other countries. I believe the television contract in

England has pushed some other clubs in Europe to want this to be a bit more

flexible for them so they can compete better with investors investing in their clubs.”

“I believe it’s more down to counteracting the potential investments of the English

clubs by the other European clubs. The pressure came more from the other

European clubs.” (Hytner, 2015)

Content analysis shows evidence of this. Bayern Munich (considered one of the

biggest European superpowers) CEO Karl-Heinz Rummenigge noted that television

revenues left English clubs better equipped to deal with Financial Fair Play;

"I believe we all can just congratulate the Premier League and the income they are

able to generate from the TV pot. It is, of course, a big advantage of the English

clubs, especially for the big ones but also for those in the second row."

"We have to recognise it is a motivation for all clubs especially, in the four big

countries, to do better in the future, to be more competitive otherwise we will

probably have a problem.” (Homewood, 2015).

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There is further data to support such sentiments;

UEFA president Michel Platini has told RMC he will not consider changing financial

fair play (FFP) rules despite the Premier League's five billion pound TV deal,

despite complaints from Ligue 1 clubs.

Lyon president Jean-Michel Aulas recently asked UEFA to reconsider how they

share out European competition prize money as a result of the English top flight's

new agreement.

The deal will see the team that finishes last in the Premier League earn three times

as much as the club that wins Ligue 1 during the three years of the deal between

2016 and 2019. (Holyman, 2015)

From the data, one of the most pertinent things to take from the quote is the

emphasis on the advantage that not just the big teams in the Premier League seek

to gain from increased television revenue, but also teams in the “second row”.

Conferred in the literature review was how lucrative broadcasting deals put the

Premier League in a position of power. As Premier League clubs are able to offer

more in wages, and then they are able to attract more playing talent. This hereby

continues to increase the overall quality of the league, and thus, the ability to

continuously negotiate for even more lucrative television deals. Ultimately, spending

on transfers and wages does not decrease, but instead will increase as clubs can

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afford to do so, remaining in compliance with UEFA’s profitability and sustainability

rules.

4.4 Conclusion

It is conclusively apparent that television rights have had an encompassing

influence on FFP rules both positively and negatively. The net debt of European

football has decreased, and this may be attributed to increased television deals

around the continent. The Ligue 1 (French league) deal rose from a £447m share

between 2012 and 2016, to £551m 2016 and 2020 (Holyman, 2015). In La Liga

(Spanish league), a more equitable TV rights deal –which sees 50% on the pot

shared between teams equally (BBC Sport, 2015) was agreed. The combined

revenue for the ‘Big Five Leagues’ in Europe rose by 15% to over £8bn (Deloitte,

2015) It is worth noting that in the Premier League, the Short Term Cost Control

restrictions are in place to prevent broadcasting money going straight to clubs’ wage

bills. Future wage expenditure to a club’s 2012/13 spend, an exceeding the set

limits are not permitted except from finance through footballing revenue, not

inclusive of central funds i.e. broadcasting (Shapiro and Rees, 2015). However,

these only serve to window-dress the actuality of the situation. The goal of Financial

Fair Play was to restore financial judiciousness to European football as clubs spent

more and more and dragged themselves further into debt. It looked to reduce

transfer fees, wages, debt, and encourage clubs to compete within their means,

limiting them to spend from their footballing income. Analysis of the data has shown

that while European clubs are becoming more profitable, it is due instead to their

abilities to generate more money than it is their ability to spend less. Spending on

both transfers and wages has increased particularly in the Premier League and the

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financing from the large broadcasting deal has allowed English clubs to plunder

Europe for the best playing talent. Of the record £870m spent on transfers in the

2015 summer transfer window, £585m was paid to clubs overseas. With preference

Buraimo & Simmons (2015) declaring that playing talent is the most relevant factor

for sports viewing, the ability of the premier League to attract the best playing talent

with undoubtedly strengthen the league, but to the detriment of the wider Europe.

This is another failed goal for FFP as it sought to level the playing field between

clubs. Even for established clubs outside England, the ability to compete with the

big English clubs continues to diminish as they face the combination of revenue

streams from both broadcasting and commercial activity. However, this might in

effect be the legacy that FFP sought to leave upon review of its underpinning

principles. Seen as legislation that protected the haves from the have nots, it is a

case of the have nots become the haves. To quote UEFA President Michel Platini;

"Financial fair play has one principle: you spend the money you make.”

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5. Discussion and Conclusion

5.1 To what extent do clubs feel they can challenge the legality of FFP and what impact will that have on UEFA’s ability to enforce it?

The answer to this research question is that to a very large extent, FFP can be

legally challenged by clubs as a regulation that is unfair, contradictory and anti-

competitive in nature. UEFA are already facing several legal cases, challenging

FFP as a ruling which they perceive to be detrimental to footballing operations. The

Association of Angry Fans against Financial Fair Play backed by numerous Paris

Saint-Germain (PSG) fans have taken legal action against UEFA, demanding

“complete change” of some of the underpinning provisions of the regulations, most

especially, the requirement that clubs must break-even through the use of football-

related revenue only. The data collected and analysed showed that this particular

requirement of compliance with FFP laws was favourable to clubs that already

generated significant income through their commercial revenue streams and thus

was inherently anti-competitive. The data showed conclusively that this law served,

in effect, to establish a status quo between the traditional powers and the rest of the

European clubs. This was particularly detrimental to clubs such as PSG and

Manchester City (both were fined and sanctioned for failing to meet FFP

regulations) who possessed owners of significant financial wealth that were willing

to invest heavily in making both teams European contenders. While UEFA might

argue that such investment is dangerous evidencing Portsmouth FC as an example,

the cases with Portsmouth and these aspirational clubs are entirely different. In the

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case of Manchester City, financing and investment hasn’t been restricted to just the

playing squad. Investment in expanding the stadium and building world class

training facilities, as well as in bringing in and developing youth players and elite

coaching staff show a club that is committed to success in both the short and long

run.

In regards to the implications it will have on UEFA enforcing the rules, pressure

from clubs have already seen the organisation declare that there will be an easing

of the rules. Whether or not this is an inconspicuous admission that there were

faults with FFP, UEFA opens itself up to further legal challenge from clubs that were

sanctioned. If significant changes are made, then these clubs could rightfully argue

that they were punished by laws that were flawed. In summary, it is the inherently

anti-competitive nature of FFP that makes it very open to legal challenge, and it will

be difficult for UEFA to enforce what are perceived from a widespread footballing

audience as flawed laws. And in regards to the Premier League, as colossal

television deals begin to financially augment the footballing income of English clubs,

the implementation of FFP becomes even more difficult as the rest of the European

clubs will struggle to compete if they are shackled by FFP laws. This will more than

likely be met with challenge from Europe’s traditional powers once FFP begins to

hinder the clubs it was effectively protecting.

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5.2 What problems do stakeholders in the EPL face in trying to adhere to the demands of UEFA’s FFP regulations?

The answer to this research question is that clubs in the English Premier League

face little problems in adhering to UEFA’s FFP regulations, and this is thanks in

large part to the lucrative television deals the league has been able to negotiate.

FFP looked to will restrict investment in clubs by no longer allowing them to operate

at a loss. However, in the 2013/14 season, all but one of the 20 Premier League

clubs recorded an operating profit, 14 recorded a pre-tax profit and with a £5bn deal

set to kick in from 2016/17, it is hard to envisage Premier League teams facing

problems complying with FFP laws. The FFP laws were enacted to ensure financial

frugality by way of limiting clubs to break-even through footballing revenue solely.

Counteracting the inflationary nature transfer fees and players wages, it would force

clubs to spend within their means. However, as the means of Premier League clubs

has increased significantly they are able to purchase more. More money means

being able to afford bigger transfer fees and pay higher wages. As there is more

money to be made positionally, investing in a better quality of player helps clubs to

be more successful. As they are still in compliance with UEFA regulations Premier

League clubs have a significant market advantage over their European

counterparts. Where they may face slight concerns are to do with the adherence to

Short Term Cost Control which seeks to ensure that money from broadcasting

revenue is not entirely spent on wages and transfers. However, clubs that surpass

the allocated “wage floor” are nearer the top end of the table, and as such generate

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high commercial revenue which counterbalances the issue. The only other issue

that stakeholders (in this case smaller teams) of the Premier League face is that

while they are able to spend more and increase their quality, bigger teams are also

able to spend more as the earn equal shares from broadcasting revenue, more from

finishing higher in the league, and even more from large commercial streams. As

such, even though the league increases in terms of “competitiveness”, it doesn’t

allow for teams to make significant steps to challenge the established order. Even

though broadcasting goes someway to conceal the deficiencies of FFP, it cannot

hide its most fatal flaw, and that is its inherently anti-competitive nature.

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5.3 To what extent is FFP an appropriate solution to regulate and ensure the long-term stability of European football?

The answer to this research question is that FFP in its current format is not an

appropriate solution to regulate and ensure the long-term stability of European

football. While it was seen as a necessary object to curb the exponential spending

of European clubs, its central laws were flawed. It unintentionally protected the

bigger clubs from being challenged, establishing a status quo, and gaining the

perception that is sought to protect traditional big teams from money-backed

challengers. In doing so, the very nature of FFP renders it an anti-competitive law. If

clubs have the means to cover their loses in a bid to break the hegemony that a few

clubs have over European football, then FFP should be able to take that into

account. This is not to say that clubs backed by billionaire owners can spend care-

free, but the inflexibility of FFP indicates a structure for teams focused solely on

short term progress, and therefore, in danger of spending too much too soon. For

clubs with both a short and long term plan to be successful, FFP is detrimental to

the short-term growth. If teams cannot be successful in the short-term, then it is

harder to attract a better quality of player both at youth and senior level. It is that

characteristic anti-competitiveness that prevents FFP from being an appropriate

regulatory solution. Moreover, with broadcasting deals increasing to incredible

amounts, FFP is being made redundant, as its central laws are no longer barriers to

entry, particularly for teams in the Premier League. The fundamental requirement to

break-even is no longer much of an issue as shares from the league broadcasting

pot supplement footballing income greatly, allowing many teams to declare profit no

matter how small. As UEFA’s FFP has no limit on wages or transfers, it fails to meet

its objective of curbing spending as the financial outlay of clubs increases slightly 63

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behind the income. In conclusion, FFP is an imperfect regulatory solution for the

stability of European football something UEFA may have realised as they look to

make changes.

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5.4 Policy and managerial recommendations

Policy recommendations for FFP would first be the removal of the break-even

requirement. This feature of FFP particularly when coupled with the demand for

clubs to break even using only footballing revenue is detrimental to

competitiveness. As such, clubs should be allowed to operate at a specified loss,

with the aim of breaking even within a set time period –potentially 3 to 5 years.

Clubs making significant investment in infrastructure and youth development should

be granted further leeway to make operating losses as there is indication of long-

term investment. What is considered ‘significant’ may be difficult to quantify as

teams have varying budgets, however if it is done as a % of total revenue, then it is

more likely to even out the financial imbalance.

Owners looking to invest non-footballing capital should have a short and long-term

plan (1-3 years and 5-10 years) detailing how the financial injection is to be

allocated. Such a plan would need to be approved by the Premier League as is with

the ‘fit-and-proper test’.

Managerial recommendations on this case would be for UEFA to make significant

changes to the rulings. As different clubs wield varying degrees of power in Europe

and each will look to push their agendas, it is important that all European clubs are

represented and included in the policy-restructuring process in order to attempt to

create as balanced a set of regulations as possible.

Greater flexibility in these regulations is advised as inevitably the regulations will be

faced with challenge even if positive changes are made. Additionally, the issue of

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broadcasting and how it paints a false reality must be addressed and taken into

serious consideration as it is unfavourable to the core aims of FFP.

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5.5 Limitations and suggestions for further research

As this is an analysis on perceptions on the effect of FFP, the opinionative nature of

the research may affect the total validity of the findings. While inclusive of quotes

and articles from central footballing figures and respected journalists, the data is

secondary in nature, and as such sometimes is subject to interpretation by the

research which may on occasion give for subjective reasoning rather than objective.

As changes are to be made to the FFP regulations, it would be beneficial to find out

whether these changes will take into consideration the widespread opinions on the

nature of FFP. It will also be beneficial to see how these changes address the issue

of broadcasting deals, as they have had a major impact on the implementation of

FFP. If the expected changes are more stable, it would then be of value to see

whether FFP can be used to indeed lower the spending of European clubs, through

observation in an allocated time period.

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