TPO Forum: Clubs and legal experts discuss investment funds in football

Javier Gómez, the general director of La Liga, was responsible for introducing the forum. "TPO (third-party ownership) has a strategic use. The ban has surprised us because it is illogical and irrational," said Gómez, adding that "it is vital to resolve this issue to continue competing with the best”. The La Liga executive put forward the association's proposals. "Certain operations involving minors should be limited, as well as the size of the investments," he said. "We call for transparency and direct controls on all the movements that exist around an operation".

DISCUSSION PANELS

The panels, moderated by representatives of the main media outlets in Spain, provided the opportunity to get a first-hand insight into the experiences of clubs and legal experts in this area. Joan Vehils (editor of Sport) and Juan Ignacio Gallardo (deputy editor of Marca) presented the conference's first panellists, which included the Atlético Madrid CEO Miguel Ángel Gil Marín.

"TPO has to be regulated, but never banned. In our case, investment funds have allowed us to get the team competing, and we've increased our revenue. If we're here, it's thanks to the support of TPO. If we continue on the same path of prohibition, each club will have to look for an alternative".

Julio Senn, from the legal firm Senn Ferrero y Asociados, underlined that if La Liga is against the ban it is because "its value depends on the generation of resources. TPO is necessary and a fundamental pillar for clubs". Jonny Nye, from SRG Capital, had no hesitation in stating that the FIFA ban "is a political decision. It's very positive that La Liga and the Portuguese League are united and it’s important that more clubs join. FIFA has to take notice". The lawyer Patricia Moyersoen warned: "If there is a total ban, illegal manoeuvres could take place. It's a legal aberration".

Two clubs expressed their agreement with this opinion. On behalf of the Portuguese team SL Benfica, director Paulo Gonçalves declared that the FIFA measure "is incongruous, because it does not reflect the reality of the market. It isn't a legal, coherent or fair decision". From Brazil, CR Flamengo executive director Fred Luz spoke in the same vein: "It isn't reasonable for this activity to be banned. Regulation is important, because clubs are given the possibility of being developers and sellers of players".

The second discussion panel, moderated by Santi Nolla (editor of Mundo Deportivo) and Pedro Pablo San Martín (deputy editor of AS), reaffirmed the common stance of the attendees at the forum. Jesús Arroyo, deputy general director of Sevilla FC, commented: "It's illogical to ban the inflow of capital. Not allowing clubs to play with these tools isn't reasonable. It isn't a question of modern slavery, what has to be banned are certain practices and abuses". One of the clubs most affected by the decision is FC Porto.

Representing the Portuguese club's legal department, Daniel Lorenz explained: "We've used third parties and we've had good experiences. Without this instrument, it's difficult to be competitive. It isn't true that TPO infringes the dignity of the player, because the player always has the last word". Another example was provided by the president of FC Twente, Aldo Van der Laan, who revealed that in the Netherlands "youngsters leave the country earlier and earlier for the big clubs. Thanks to the Doyen Group, we obtained a loan to adjust our budgets. The doors of the banks and institutions were closed. As a club, we're absolutely in favour of TPO because in recent years we’ve been able to survive because of it."

The lawyer Marcos Motta, of Bichara & Motta, offered one of the clearest examples: "Per game, Atlético Paranaense earn 150,000 euros. In the Premier League, 10 million is earned". José Carlos Peres, executive director of G4 Paulista, finished by insisting: "Brazil cannot be left without investors. We're here to fight for a good cause and we hope that things change."