FIFA said the ruling “fully confirms the legality, validity and proportionality of the FIFA Football Agent Regulations.” However, it was unclear how the Swiss-based sports court’s verdict will weigh on national-level cases now in process brought by agents in several different countries, including Switzerland, plus a complaint filed with the European Commission in Brussels.
FIFA approved the agent rules last year that are due to take effect on October 1 after thousands of agents worldwide have had the chance to take a USD 600 examination in either April or September.
The most controversial aspect of the rules limit an agent’s earnings at 10% of a transfer fee when they act for the selling club.
Elite agencies have earned tens of millions of dollars from transfers for players like Erling Haaland and Paul Pogba, and FIFA has said agents earned USD 622 million from international cross-border transfer deals in 2022.
FIFA also wants to limit agents to taking three per cent of a player’s salary when those earnings are more than USD 200,000 per year, or five per cent when the player earns up to USD 200,000. Those limits would be six per cent and ten per cent, respectively, when the agent acted for both the player and the club signing them.
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FIFA also wants to prohibit player agents from representing both the buying and selling clubs in a transfer.
Fees would also be paid through FIFA’s Paris-based financial clearing house, which aims to bring more transparency to a global transfer market that has traditionally been murky.
In the CAS hearing, the agent group’s argument about privacy and data protection was among those dismissed in a series of “interim conclusions.” FIFA also persuaded the CAS judges that the rules do not contravene European Union laws on competition and free movement and that it was not a cartel under Swiss competition law. The court also agreed the FIFA rules are not incompatible with laws in France and Italy and nor do they contravene the Major League Soccer collective bargaining agreement.
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“The award confirms FIFA’s position that the [agent rules] are a reasonable and proportionate regulatory measure that help to resolve systemic failures in the player transfer system,” soccer’s governing body said in a statement.
