Based on what is known, on a very basic level the PL may be guilty of: Breach of competition law Restraint of trade Breach of confidence Misuse of private information Unreasonableness Misapplication of the ODT Breach of competition law - allowing other clubs to influence their decision making relating to takeovers (if proven.) Restraint of trade - preventing the sale of a private company to another. Breach of confidence - disclosing information relating to the takeover and/ or legal action to a third party. Misuse of private information - discussing the takeover with a non related third party. Unreasonableness - Their decision making process if not fair or reasonable. Misapplication of the ODT - taking into account matters outside the scope of the test. Basic and it is a lot more complex, but they aren't going to be able to hide.
Of course. It's a very odd case, as we all talk of "Premier League" but it's almost entirely a marketing body and its main goal is to sell the rights to PL broadcasting. It doesn't do anything else. It's not a regulatory body so a lot of the above won't actually apply, this is where it becomes unclear. It's not a limited company, it's a private company wholly owned by its 20 Member Clubs who make up the League at any one time. It's almost a private club where the profits get recycled amongst its members, a weird anomaly of an organisation so a lot of standard law just won't apply. The Government should be more involved, but the issue is the PL is a big export, worth billions (revenue and trade) so not to be meddled with. People think there's the "might" of Saudi involved, but they aren't - at present. I'm of the mind that If they were determined enough they'd have bought the club already, but they are nowhere to be seen which is odd. It's Ashley involved, and Ashley only, which strikes me as both unusual and unlikely to be about the good of NUFC or its fans.
That's just it - They are a private company given pseudo regulatory status by virtue of their ODT. They apply their test to 'grant' ownership. It's like saying 'you can't come into our country club' except it is more than that. They are stopping the sale of a private company and so are regulating who can and can't own a football club.
I don't understand it in the slightest, how a group of members can dictate who can and can't own a club purely based on bias. The whole point of the O&D test was to - in the PL's own words - avoid another Portsmouth. It's somewhat difficult to see how a Saudi backed club would collapse. There's no sign of borrowing. Conversely, the new Burnley owners borrowed over 80% of the clubs value. If they can't repay, Burnley are - and will be - ****ed. Similarly, if Saudi's had wanted Man U, I strongly suspect no barriers would have appeared.
It stinks. The Saudis are ploughing money into a club, the PL and domestic football. They are the lowest risk possible.
I tend to agree with your last to posts on this. These comments are very valid and ultimately the very reason I also doubt the “it’s on” carry on. It’s just dragging on and on and we cling ok to hope that something is happening. It’s crazy that MA has opening said I don’t want the club I have a buyer. There are now no apparent obstacles and yet the PL can delay and effectively dictate things. Essentially dictating that he has to keep the club and that he has no option? WTF is that about. They are effectively stopping him selling the club?
I am now categorically, positively, without a shadow of a doubt in the “ haven’t got a clue if it’s happening or not” camp Can we have a thread for this?
Sports law procedure. He is on this case to challenge the procedural irregularities and potential breaches of competition law. Shaheed Fatima is likely instructed to establish legal separation as per public law and company law - two of her specialties. Two pronged attack. Takeover is the goal. Compensation is not.
Hard to believe that our whole sheer existence is in the hands of an ex mackem wonky nose who thinks we are much improved from when he took over. Slaps face!
