Premier League vs. Manchester City: Arbitration Ruling Unveils Dual Claims of Triumph

https://icaro.icaromediagroup.com/system/images/photos/16367147/original/open-uri20241008-18-1h4vgqg?1728398858
ICARO Media Group
News
08/10/2024 14h44

### Premier League vs. Manchester City: Arbitration Ruling Brings Dual Claims of Victory

In an intensifying confrontation between Manchester City and the Premier League, both entities are proclaiming triumph after the arbitration ruling on their dispute over associated party transaction (APT) rules was released on Monday. City had contested these regulations, arguing that they inhibited competition, while the league defended their necessity for maintaining balance within the competition.

The Premier League underscored the panel's endorsement of the overall APT system, rejecting most of Manchester City's objections. "The tribunal upheld the APT system's necessity and dismissed the majority of City's challenges," said a Premier League spokesperson. Conversely, Manchester City highlighted the tribunal's findings that declared two of the league's specific decisions unlawful and affirmed that the APT rules breached UK competition law and procedural fairness standards. They also accused the Premier League of misusing its dominant market position.

APT rules are critical for regulating commercial ties between clubs and owner-linked entities, with significant focus unraveling post the 2021 acquisition of Newcastle United by Saudi Arabia's sovereign wealth fund. Manchester City’s ownership, dominantly held by Sheikh Mansour, the UAE's deputy prime minister and Abu Dhabi royal family member, places them under the microscope within this framework.

The arbitration panel, composed of three members, identified that the APT rules contravened sections 2 and 18 of the Competition Act 1998 due to the exclusion of shareholder loans, and no other reasons. Manchester City posited that these loans are another form of associated party transaction. However, the Premier League insisted their exclusion allowed for clearer owner investment transparency.

This finding could reshape financial landscapes across the league, potentially affecting clubs like Arsenal, Leicester City, and Brighton, which carry substantial loan debts to their owners. Should the favorable terms traditionally associated with these loans be reconsidered, profit and sustainability metrics for many clubs could become increasingly complex.

Additionally, the panel deemed unlawful recent amendments to the APT rules made earlier this year. Consequently, the Premier League is now obligated to revise these rules, including the shareholder loan exemption. Manchester City, contacted for comments, might seek relief and damages from the Premier League based on the tribunal's decision.

The Premier League maintains that it emerged victorious on most grounds, emphasizing the necessity of APT rules to uphold Profitability and Sustainability Rules (PSR) which are essential for sporting integrity and sustainability. "The tribunal noted that without the APT Rules, achieving effective PSR is difficult," the league stated.

Despite the compelled revisions, the essence of the APT regime will persist. Any modifications will require approval from at least 14 out of the league's 20 clubs.

This arbitration case runs independently from another significant legal battle where Manchester City faces charges for over 115 breaches of the Premier League's financial rules between 2009 and 2018. City has denied all allegations as the hearing on these charges began in September.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

Related