MANCHESTER CITY’S legal brawl with the Prem is set to drag rivals, including Arsenal and Chelsea, into the fight.
In what was hailed a landmark ruling, the Prem champs claimed victory as an element of the rules on commercial deals involving companies linked to clubs’ owners was judged “unlawful”.
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Manchester City claimed victory in a dispute with the Premier LeagueCredit: Getty
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Man City’s legal battle with the Prem is set to drag Arsenal and Chelsea inCredit: Getty
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Arsenal and Chelsea are believed to have ploughed hundreds of millions into the club in loansCredit: Alamy
It related to shareholder loans not being included in the “Associated Party Transaction” calculation.
Arsenal owners the Kroenkes are believed to have ploughed nearly £260million into the club in loans. Chelsea received £146m in the first year of their new ownership model.
Brighton’s Tony Bloom has put £373m into the Seagulls, while Everton, who are subject to a takeover from The Friedkin Group, have the highest shareholder loans at £451m.
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That has been loaned at low or even zero interest and will almost certainly now need recalculating.
Former Master of the Rolls — the country’s second most senior lawyer — Lord Dyson and two fellow judges agreed the rule preventing City from responding to the Prem over “Fair Market Value” of two proposed deals was “procedurally unfair”.
But a number of City’s other claims against Prem rules “failed”, including that the League wrongly applied its regulations.
Arsenal, Manchester United, Liverpool, Brentford, West Ham, Fulham, Wolves and Bournemouth gave evidence on behalf of the Prem.
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It has all left battle lines drawn even deeper — with the case into City’s alleged 115 financial breaches still being heard.
City launched the case after tighter rules were voted in by Prem clubs at a meeting in February.
The club said yesterday: “The Tribunal found both the original APT rules and the current (amended) APT Rules violate UK competition law and procedural fairness . . . ”
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“The Premier League was specifically unfair in how it applied those rules to the Club in practice.
“They deliberately excluded shareholder loans while the Premier League reached decisions in a procedurally unfair manner.”
City’s case centred on two sponsorship proposals, with First Abu Dhabi Bank and Etihad Aviation Group.
But while the Arbitration Tribunal — which heard evidence in June — did side with City on some matters, League bosses claimed THEY had won.
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A Prem spokesman said: “Manchester City brought a wholesale challenge to the APT Rules.
“The club was unsuccessful in the majority of its challenge.
“Significantly, the Tribunal determined the APT Rules are necessary.
“It rejected Manchester City’s argument that APT Rules were to discriminate against clubs with ownership from the ‘Gulf region’.
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“Except in two respects, it found that Manchester City’s arguments were unfounded.”
But League chiefs believe they need only make minor changes — and new rules will be tabled for club chiefs to vote on as soon as next week.
The spokesman added: “In the meantime, the Premier League will operate the existing APT system, taking into account the findings made by the Tribunal.”
Man City vs the Premier League: Q&A
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By Martin Lipton
BOTH Manchester City and the Premier League were claiming a win after their legal scrap over Associated Party Transactions.
SunSport sifts the claims to try to explain the latest issues.
What was the case about?
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City were furious that Prem bosses brought in new tougher regulations – by the smallest possible majority under League rules – in February. They were aimed at blocking clubs bypassing financial controls by earning “unfair” amounts via sponsorship from a company with the same owners, or selling players on the cheap to teams under the same ownership umbrella.
Why were City so upset?
The Etihad club argued that the rules were illegal and had been deliberately aimed at them by rivals and were both flawed and politically driven. They also branded the “two thirds support” rule that has been part of Prem regulations since its inception as a “tyranny of the majority”
This was an Arbitration Tribunal – explain that?
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Under Prem rules, any club has the right to ask for Arbitration if they are unhappy about the regulations or due process. The three retired judges heard evidence in June and their full ruling was distributed to the 20 Prem clubs on Monday afternoon.
And what did they say?
Depending on who you listen to, they either totally vindicated one side or the other. The actual answer is that there were “wins” for both City and the Prem. But it’s your choice which ones meant more.
OK, what were City’s wins?
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Maybe the most important one in terms of the repercussions. That both the new rules and the previous version – brought in after Saudi Arabia’s PIF bought Newcastle in 2021 – were “unlawful” as they exclude shareholder loans to clubs in any APT calculations. City also won over their claims that the rulebook prevented them from responding to Prem decisions over whether two proposed deals with Abu Dhabi companies represented “Fair Market Value”, access to the “databank” of comparable deals and the time it took for decisions to be reached.
That sounds pretty big. So what about the Prem’s side?
The key finding as far as the League is concerned is that the Tribunal backed the concept of APT rules as well as the Fair Market Value tests. Additionally, City’s challenges to the actual decisions on the two proposed deals “failed”. Prem bosses insist the “rulebook has been found to comply with competition and public law standards and is an effective and necessary system”.
Is that it, then?
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Of course not. That shareholder loan issue is a big deal, given that it is believed owners have loaned around £1.5bn at low or preferential rates across the Prem. Those loans will almost certainly have to be calculated at commercial rates now, unless the owners convert them into shares. But the League is convinced the main thrust of the rules remains valid.
And what will be the impact on the “115 charges” case?
Probably nothing. That is an allegation of breaking the rules, while this matter was City questioning whether one small element of the current rulebook was legitimate. But City are using the same legal team, headed by £10,000 per hour Lord Pannick KC. And the stakes on the bigger case are a great deal higher.
Bristol Bears have re-signed United States winger Toby Fricker on a three-month deal.
The 29-year-old comes in as injury cover after Siva Naulago fractured his cheekbone and Noah Heward suffered a hamstring injury.
Fricker made 32 appearances for Bristol, scoring 12 tries between 2019 and 2023.
He joined Ospreys after leaving Ashton Gate but played just once before joining New England Free Jacks in Major League Rugby.
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The former Wales sevens player qualifies for the United States through his American-born mother and made his USA debut in September in the Pacific Nations Cup.
LAS VEGAS – MMA Junkie is on scene reporting live from Tuesday’s Dana White’s Contender Series 75 event, which begins at 8 p.m. ET.
Dana White’s Contender Series cards see prospects fighting for the opportunity to sign a UFC deal, with UFC president Dana White on hand to make the decisions.
The ninth week of the eighth season will see 10 fighters compete for their shot at a UFC contract. In the feature bout at light heavyweight, former kickboxing standout Artem Vakhitov (2-1), who holds a September 2021 victory over UFC champion Alex Pereira under the GLORY banner, will take on Islem Masraf (3-0).
The UFC Apex hosts the card, which streams live on ESPN+.
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DWCS 75 full results
DWCS 75 round-by-round updates
Anthony Drilich vs. Sean Gauci
Round 1 –
Result: Recap: Photos: Dana White’s Contender Series 75: Best photos Records: Drilich (8-1), Gauci (9-1) Division: Flyweight Broadcast: ESPN+ Referee:
Vanilto Antunes vs. Islam Dulatov
Round 1 –
Result: Recap: Photos: Dana White’s Contender Series 75: Best photos Records: Antunes (16-6), Dulatov (10-1) Division: Welterweight Broadcast: ESPN+ Referee:
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Lucas Camacho vs. Mario Pinto
Round 1 –
Result: Recap: Photos: Dana White’s Contender Series 75: Best photos Records: Camacho (6-0), Pinto (8-0) Division: Heavyweight Broadcast: ESPN+ Referee:
Chasen Blair vs. Kody Steele
Round 1 –
Result: Recap: Photos: Dana White’s Contender Series 75: Best photos Records: Blair (6-0), Pinto (8-0) Division: Lightweight Broadcast: ESPN+ Referee:
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Islem Masraf vs. Artem Vakhitov
Round 1 –
Result: Recap: Photos: Dana White’s Contender Series 75: Best photos Records: Masraf (3-0), Vakhitov (2-1) Division: Light heavyweight Broadcast: ESPN+ Referee:
DWCS 75 faceoffs
For more on the card, visit MMA Junkie’s event hub for DWCS 75.
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Be sure to visit the MMA Junkie Instagram page and YouTube channel to discuss this and more content with fans of mixed martial arts.
Inverness Caledonian Thistle board members have warned fans the club is likely to go into administration next week.
ICT is in financial crisis and sitting second bottom of League 1.
The aim of the administrative process would be to rescue the club by finding a new buyer but Inverness risks a 15 league points deduction and potential relegation.
ICT’s board told a meeting of about 200 supporters on Monday night the club was facing a difficult future.
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After the meeting, interim chairman Scott Young told BBC Scotland News: “The hope is that by doing the administrative process we can market the club for someone to come in and takeover.
“Going forward it would be a great club for someone to own.
“It’s in a fantastic city and got a great history even though we are only 30 years old.”
He said administration offered an opportunity for the club to start again and move forward.
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About 200 fans gathered for a meeting on Monday night
ICT launched a Go Fund Me page last week in the hope of raising £200,000 in 14 days to avoid administration this month.
It has raised more than £70,000 so far.
Team manager Duncan Ferguson is also temporarily working for free to help ease pressures on the club’s finances.
Even if it successfully avoids going into administration this month, ICT said it would need further injections of funds to survive the rest of the season.
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Losses ran to £1.2m last season and the club has forecast a similar loss this year, but warned that figure would not include money spent on restructuring following relegation.
ICT Supporters Trust has urged major shareholders and former directors to help prevent the club from going into administration.
Last week it said it was “hugely concerned” about the club’s future after previous assurances it was safe.
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James Vincent celebrates scoring for Inverness in 2015’s Scottish Cup final
The club was formed in 1994 following a controversial merger of two historic Inverness Highland League clubs – Caledonian and Inverness Thistle, which were both formed in 1885.
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The news club climbed through the leagues and has been managed by some famous names, including former England manager Terry Butcher, Hearts legend John Robertson and current boss Duncan Ferguson, who played for Rangers and Everton.
Inverness has enjoyed cup glory, including winning the Scottish Cup in 2015.
In the letter, Cliff offered “clarifications” to “assist member clubs with their understanding” in response to a summary of the panel’s ruling by Premier League chief executive Richard Masters.
“Regrettably, the summary is misleading and contains several inaccuracies,” Cliff claims.
“The tribunal has declared the APT rules to be unlawful. MCFC’s position is that this means that all of the APT rules are void,” the letter states.
“The decision does not contain an ‘endorsement’ of the APT Rules, nor does it state that the APT Rules, as enacted, were ‘necessary’ in order to ensure the efficacy of the League’s financial controls.”
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The Premier League’s position that City were unsuccessful in the majority of its challenge is described by Cliff as “a peculiar way of looking at the decision”.
He added: “While it is true that MCFC did not succeed with every point that it ran in its legal challenge, the club did not need to prove that the APT rules are unlawful for lots of different reasons. It is enough that they are unlawful for one reason.”
Cliff added that it was “not correct that the tribunal’s decision identifies ‘certain discrete elements’ of the APT rules that need to be amended in order to comply with competition and public law requirements.
“On the contrary: the APT Rules… have been found to be unlawful, as a matter of competition law and public law. This means that they are void and not capable of enforcement. This has very significant consequences for APTs that have been entered into to date and APTs that are currently being negotiated by clubs.
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“Of even greater concern, however, is the PL’s suggestion that new APT rules should be passed within the next 10 days.”
The Premier League is seeking to amend its rules within the next fortnight so that they comply with competition law.
The tribunal – in a 175-page document – ruled that low-interest shareholder loans from owners to their clubs should not be excluded from the scope of APT rules, and that some amendments to toughen up the rules in February by should not be retained.
However Cliff warns that it is “remarkable that the Premier League is now seeking to involve the member clubs in a process to amend the APT rules at a time when it does not even know the status of those rules”.
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He added: “We will be writing separately about this to the Premier League but in the meantime, given the findings in the award, this is the time for careful reflection and consideration by all clubs, and not for a knee-jerk reaction.
“Such an unwise course would be likely to lead to further legal proceedings with further legal costs. It is critical for member clubs to feel that they can have trust in their regulator.”
He told the BBC: “I think he’s doing a brilliant job.
“I think he’s shown brilliant resilience in the situation that he’s in and I think he should be credited for how well he’s conducted himself.
Erik ten Hag really did not help himself with what he said after Man Utd’s draw with Aston Villa, slams BBC pundit
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Moyes was the first Red Devils manager after Sir Alex FergusonCredit: AFP
“As far as I know, I don’t see him ducking any questions or any media interviews that you people [the media] put forward to him.
“I think you have to give him great credit for that, but it’s a job that is going to attract immense pressure, with people talking, so I have to say that I think he’s doing a brilliant job.”
Fans have been left confused about the comments as the reacted on social media.
One posted: “David Moyes is joking, right?”
A second wrote: “Moyes has always had a great sense of humour.”
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A third commented: “This is too funny! Moyes is ‘LMAO’ on the inside.”
A fourth said: “Top tier trolling well in.”
Another added: “I can’t tell if he is being serious or not.”
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