FIFA Football Agent Regulation (FFAR) War Coming to an End?
….. Will the Civil War Now Start?
5th February 2025
Many may understandably be looking ahead to next week’s long-anticipated public hearing at the European Court of Justice (ECJ) over the FIFA Football Agent Regulations (FFAR) of 2023, and then hopefully being able to breathe a huge sigh of relief should a final ruling be delivered not long thereafter.
I want to start this article with these words, in what is already the FFAR saga that has lasted some 6-7 years so far ……….
“Now this is not the end.
It is not even the beginning of the end.
…….. But it is, perhaps, the end of the beginning.”
~ Sir Winston Churchill, 1942
And for me, I believe these words may come to be quite apt in this saga over the coming weeks and months. Although, even the most dramatic of those protagonists heavily involved in the dispute over FFAR, should not dare to compare this relatively trivial matter of FFAR to the time when those words were first used publicly.
But as someone who has monitored, studied, if not got inextricably entangled in this FFAR saga over football agent regulations for many years (even more years before that of FFAR), I do not see the ECJ hearing next week, or even the eventual ruling of the ECJ, to be the end of the matter regarding the FFAR, or more importantly Football Agent Regulations as a whole.
Whilst some are making predictions even prior to the hearing, let alone the final ruling – despite it being rumoured that both FIFA and the opposing agent related parties are both confident, it is impossible to say what the final ruling will be.
However, what we can try to look towards is what will happen when that ruling lands. And there is just one possible scenario, I would like to focus on:
FIFA is largely defeated in the case:
and thus may decide (as in 2015) to largely abdicate much of their responsibility for the regulation of football agent
…………….. and this abdication (not necessarily following a defeat of the FFAR in its entirety), is personally, one thing I do NOT want to see happen, despite what many may think; based on their observations of my various writings, presentations, representations, analysis, arguments, and general ramblings relating to FIFA and the FFAR over several years now.
Result of Another FIFA Abdication Over Football Agent Regulation
So, what may happen if this situation does indeed transpire?
FIFA suffer a very costly and another largely embarrassing defeat (on key FFAR elements this time), and then abdicate responsibility for effective agent regulations (some may say ‘spitting out their dummy’ or to use a football analogy ‘taking their ball home’).
There is the belief in some quarters that even if FIFA do suffer a ‘defeat’, they will continue with FFAR in those territories largely unaffected by an ECJ ruling and where FIFA can exercise considerable influence at relevant political or national governance levels.
After all, the football agent regulatory space will remain fractured in light of FFAR, even if the ECJ rules entirely in favour of FIFA over FFAR.
There is also the potential for FIFA to just retain some aspects of FFAR, such as the licensing mechanism, exam, and CPD. Which, arguably provides a relatively small (in FIFA terms) yet considerable residual revenue stream for FIFA.
PLUS, walking away entirely from FFAR (and agent regulation) would arguably damage yet further an already bruised reputation, and image …….. if not ego. Not just for FIFA as an organisation, but also for some of those FIFA figures heavily involved with FFAR, and who have steadfastly (if not blindly) defended it.
The national member associations (should FIFA abdicate responsibility) will, safe to say, be largely ‘left to their own devices’. Some nations and territories such as France and Italy will no doubt ‘step up to the
plate’ once again in a similar fashion to that of post-2015, and have their national football agent regulations reinforced by national legislation and/or federal law.
Other nations and their national associations who also have national agent regulations in place since the ‘implementation’ of FFAR, will no doubt look to retain these in some way; given the time, effort, and resources already invested. Yet, some of these associations will no doubt have to modify or even evolve said national regulations, subject to how heavily underpinned they are by FFAR. Alternatively (and unfortunately), some may choose to take retrograde steps with national regulations if only for an ‘easier life’ (as some chose to do in 2015 with the age of the RWWI (FIFA Regulations on Working With Intermediaries)).
But what of the agents, how would a FIFA abdication affect them?
A Rumoured FIFA Strategy May Cause Further Damage
Yet what is probably the most saddening thing for me, having been invested in this industry and the mission to see improved football agent regulations for so long, and for that matter, something which probably resonates with so many of those who experienced the changes in 2015 and the problems caused with FIFAs introduction of the RWWI, is what will happen within the agent community if FIFA does abdicate most (if not all) of their responsibility (and duty to football as a whole) in regards to agent regulations?
Not least with all of FIFAs stated aims and objectives that they presented over several years in trying to implement the FFAR, and have tried to defend so staunchly for many years now.
And beyond the tired old labels of the football agent industry becoming a ‘wild-west’ …. because frankly, that is nothing new for this industry, it’s been like that for years (and I am confident many others will attest to that appraisal), what I do foresee is a vacuum being created and the potential for a ‘civil war’ between various agent factions, groups and associations commencing.
Some in the media have propagated a narrative (whether stemming from FIFA or not) that the agents have united against FIFA in the fight against agent regulations. When the fact is the agents have been far from united in this ‘fight’ – even to the point of continual fighting among themselves with petty squabbling, bitching, and even reported threats of legal action between various parties on how to tackle FIFA and the FFAR.
And, this may stem from what some have perceived to be FIFA trying to almost employ a ‘divide and conquer’ strategy between the agents and the various agent groups, associations, and factions; if only to leverage FIFAs case for the FFAR.
And if this was the case, such a ‘divide and conquer’ strategy could well have worked in my opinion; had it not been for the fact that they were taking on such a headstrong, stubborn, and well-resourced group (i.e. the agents) in the first place.
Sadly, those rifts still exist between various agent factions, despite the efforts of some (myself included) who have tried to find and cultivate some common ground and cooperation (not necessarily love and unity) between them, but still allow autonomy on their respective differences, views and strategies.
A Vacuum That Will Potentially Lead to Further Conflict (e.g. ‘Civil War’)
And so, in the absence of other football ‘stakeholders’ such as FIFPro, the federations, the leagues, and others who have demonstrated seemingly little appetite to get actively involved to plug any gaps that FIFA may leave on the matter of football agent regulations, a subsequent vacuum is highly likely to be created, and with that, the possibility of an even ‘wilder-west’ and even ‘civil war’ in the football agency world – having widespread effect on football as a whole, not just agents.
Yes, the argument that some elements of the agent’s world will be happy to retain the status quo of a ‘wild(er) west’; is a relevant one. A largely unregulated environment and industry will no doubt suit some, and I can confidently say for some that their sole objective from the beginning was to derail FIFA (not just the FFAR) and maintain their stranglehold on power and influence …. or even something ‘personal’.
But with this, these strong agendas and other motivating factors will, I believe, endure from within the football agents world – whether motivated by money, power, politics, influence, or even ego and sheer narcism ….. and thus this will sustain the fighting over agent regulations and also identify who is the (representative) voice for the agents going forward.
Hence, until either someone takes responsibility for agent regulations, or common ground between agent factions can be found with at the very least egos set aside, the football agency industry will continue to be a wild west, an industry rather than a profession, and football as a whole will continue to struggle to contend with, and subsequently continue to moan about the problems caused by the ‘common football agent’ …….. and how effective football agent regulations are needed.