The Volokh Conspiracy
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The Plutocrats, the People, and the Globalization of World Soccer
It's good to be reminded that, sometimes, greed and venality do not carry the day in the global marketplace
As the Volokh Conspiracy's Special Soccer Correspondent (self-appointed), I spent a good part of the day this past Monday preparing an essay on the proposal, put forward the day before by twelve of Europe's largest and best-known soccer clubs (including such global giants as Real Madrid, Barcelona, Liverpool, Juventus, and Manchester United), to form a new "European Super League." I hoped to explain (a) why this would be a true catastrophe for the world of global soccer (and its many, many fans), and (b) why you might want to pay attention to that, even if you care not a whit for soccer (European or otherwise).
As for (a), the bottom line was that, given the rather complicated structure of Europe's professional soccer leagues, the Super League would drain much of the competitive juice out of many of the thousands of games played across Europe, at all levels of the soccer hierarchy, week in and week out. A huge swath of games would involve teams with less at stake, less to play for, and less of an incentive to play well, and, as a consequence, much of what makes those games so engaging for so many people would disappear (along with much of the money that sustains the whole system). All so that a few already-fabulously wealthy clubs could become even more fabulously wealthy.
As for why you might want to pay attention even if you have no interest in anything that takes place on a soccer field … Well, for one thing, while it may not be a matter of life-and-death, many hundreds of millions of people derive considerable pleasure from the global soccer enterprise; I can't think of many other global activities (popular music?) that deliver more HHUs - Human Happiness Units - than the aggregate of the various institutions and organizations that make up the world of professional soccer. So anything that rocks the foundations of the system through which people experience these activities is an important international development - not on par, surely, with the Covid-19 pandemic, or the fate of Syrian refugees, or climate change, but perhaps just one tier below.
Beyond that, world soccer is also a wonderful case study of how the global telecommunications revolution of the past several decades has created immense new winner-take-all markets, concentrating vast amounts of money in the hands of a small number of superstars, and of the stresses this creates for existing institutional and organizational structures.
Events, though, outpaced me. On Tuesday - a mere 48 hours after having announced the formation of the Super League to great fanfare - the whole thing collapsed, with most of the break-away clubs backing out of the deal. As one of those clubs (Arsenal) succinctly put it on its official website: "We made a mistake, and we apologize for it."
The breathtaking speed of the Super League's collapse turns out to be an even more interesting story than the floating of the proposal itself. This was, among other things, a big international commercial transaction; tens of billions of dollars were on the line, the lawyers and investment bankers had spent months (and surely millions of dollars) preparing the organizational documents, obtaining financial commitments (reportedly worth $4.5 billion) from broadcasters, organizing for an initial round of public financing, hiring administrative staff, designing a logo, hiring a London PR firm, … And then: POOF! It was all dismantled. After two days! It's as though Toyota and Ford announced that they were merging, and then, two days later, dropped the whole idea.
So what happened during those two days? What happened was that a lot of people - ordinary fans (many of whom, in Europe, are organized into cohesive and vocal supporter's organizations of many years standing), sports commentators in the media, players and ex-players (some of iconic stature), coaches and ex-coaches (ditto), including many who are themselves affiliated with the Super League clubs who were supposedly the beneficiaries of the new plan - felt as I did about the catastrophic consequences of the proposal, and they took to the streets, to the airwaves, and to the Internet, in furious and ferocious protest.
I highly recommend the reporting by Rory Smith and Tariq Panja in the NY Times, and by Sam Wallace in the London Daily Telegraph to anyone seeking more detailed information about the entire affair. See, e.g., "Europe's New Super League, Explained" [the beginning] and "How the Super League Fell Apart" and "Europe's Elite Suffer Sport's Most Astounding Humiliation" [the end].
The owners of the break-away clubs, apparently, were completely unprepared for the reaction; with the exception of a single Sunday night appearance on late-night Spanish TV by Real Madrid Chairman Florentino Perez, not one official or spokesperson for the break-away clubs offered a single word in defense of the new plan - not on television, not on Twitter, not on any official club website. They had simply not seen it coming, and when it came they instantly backed down and abandoned ship.
It was a truly ignominious and humiliating retreat - the 2021 version of 1985's "New Coke" debacle, but with a great deal more at stake, and at warp speed.
You have to ask: Really?! Could they possibly not have seen it coming? What in heaven's name did they think the reaction would be?! You announce a plan to suck more money out of the system for your own private benefit at the expense, and to the detriment, of everybody else with a stake in the system - and you didn't think lots of people would object to that? Did it really not occur to any of the geniuses in the boardrooms at Liverpool FC or Barcelona FC to present an outline of the plan, beforehand, to their players, or to their coaches, or to their supporters' groups, or their season-ticket holders, just to get a sense of what the reaction might be so that they would be prepared with a response?
Apparently - mind-bogglingly - it did not.
This may be nothing more than proof of the maxim: Just because you're rich, doesn't mean that you are smart.
But it might also be more interesting than that. At the risk of overstatement, it was the People vs. the Plutocrats, and the People, for once, emerged victorious. A harbinger of, perhaps, a shift in the balance of power? Time will tell.
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How much of this was a fear of violence?
As I've said before, BLM is showing the world that mob violence works....
You know, if you are gonna complain about politics in sports, you really shouldn't engage in an expecially egregious form of it.
Your unquenchable thirst for imminent violence in any corner of daily life is really something to behold. Help is available, off island.
I'm merely pointing out that humans learn from examples.
The homes of the tech billionaire owners of the media, of the Democrat Party, of the law, should be Antifa'ed, most definitely. They should not be killed because they are so smart and productive, just reminded of their loyalty, to the US not to Red China.
The crazy authoritarian speaketh.
The content-free commenter comments without content.
" BLM is showing the world that mob violence works…"
Yes, the tsunami of cops being held accountable for killing black suspects is truly staggering.
You do know that they kill more White suspects, don't you?
OK, that didn't stick for him so he's going to throw something else on the opposite wall and see if it sticks...
They defer to black criminals, killing far fewer then their crime rate would predict. Result? Black crime victimization if 4 times that of whites. Thank the racist lawyer profession for black crime victimization.
Hi, Queenie, if you do not live in the hood, STFU, and go to your cocktail party.
It didn't stick because it had no content to stick.
Ed history shows mob violence always works. This is nothing new. What is a new feature in society is that we are embracing it after spending a century getting over this default setting to the state of nature. We ought to call them regressives not progressives because everything they do puts us back two steps.
Jimmy, every failed uprising is a counterexample to your idiot view of history.
The America you want is savage and with an aristocratic ruling class. You don't know what progress is.
BLM may associate with progressives, but they don't stand for progress.
As a black person their perspective on that point of view, maybe.
Yeah this sort of cartel system we have in the US doesn't really work unless you already have the league together in a monopoly system. The NFL works because it already exists, and it can get the rules. Ditto for NCAA, NBA, etc ...
Cartels in sports aren't necessarily bad, the NBA rules do make the games somewhat more competitive with the draft system, and ditto for the other leagues, but generally they don't work for the standard reason ... multi player coordination problem. Everyone benefits personally through corporation (well, the owners. Players fans not so much) but each is incentivised to screw the other, so it falls apart, to the benefit of fans.
I do wonder what would happen if the US fans of the NBA or NFL demand these organizations break up. I'm actually not sure of we would benefit ... there would be less monopolization sucking the air out of the system, but the games themselves might be less competitive and there would be less ability to commercialize. So idk.
While I'm pretty left on social issues, I'm actually pretty right on capitalism and don't see the issue here.
Lots of industries consolidate/collaborate for many reasons - and obviously with always an eye on increased profitability.
In the US market, I'm guessing the average soccer fan would be much more interested in watching these super teams that some average teams.
Who wants to watch (who has even heard of!) Huesca (La Liga) or Arminia (Bundesliga), or Cagliari (Serie A)?
Well, in the US we are used to these giant multi-billion dollar sports leagues that effectively monopolize the system and set their own rules. We benefit from those rules keeping the game somewhat competitive. We of course lose because monopoly ... but we are comfortable making that tradeoff.
In Europe ... absolutely not.
Who wants to watch (who has even heard of!) Huesca (La Liga) or Arminia (Bundesliga), or Cagliari (Serie A)?
People from Huesca, Bielefeld, or Calgiari?
And what would change if there a super league?
The Huescans, Bielefelders, and Calgiari would still be able to watch their teams.
They just wouldn't be able to watch them play Europe's top teams, or play in games that have qualification for the top league at stake.
"Who wants to watch (who has even heard of!) Huesca (La Liga) or Arminia (Bundesliga), or Cagliari (Serie A)?"
Who had heard of Oral Roberts University basketball team much before this recent March Madness? One of the things valued in the European leagues is that teams can come from relatively obscurity to the big leagues and vice versa, at least in theory. The Super League seemed like an attempt to insulate certain teams from that.
I mean, there already is a centralized world soccer league, FIFA, the problem is though that its ummm ... not good Bob.
That's right.
There are precedents here with the NCAA. It lost a bunch of court fights to keep control over televised college football, and the result was (1) the power schools like Alabama and USC and The Ohio State have a hammerlock on television revenues, and (2) smaller programs have to agree to terrible time slots and weekday games that screw over their students to get some TV revenue. How do you feel about it? I don't know. Both situations are bad in different ways.
The bigger problem is that the NFL and NBA use higher education as their farm system -- the way that baseball doesn't. And college baseball doesn't have the problems that college basketball or football do. (They lack a fan base because the playoffs are in late May, after graduation, and this has to do with something called "snow.")
Most schools LOSE money on the two big sports. Lots of money...
I don't think your last statement is really right when thought of holistically. In other words, the fact that an athletic department shows a negative p/l figure does not mean that the football program actually loses money. Remember, athletic programs also generate benefits for the rest of the university such as donations and applicants.
But you are quite right that revenue college sports sit uneasily as a form of minor leagues while not paying the athletes. And that's a huge problem.
" athletic programs also generate benefits for the rest of the university such as donations and applicants"
1: Almost all of the donated money is earmarked for the programs themselves -- for expansion beyond the existing budget.
2: Don't forget Title IX compliance costs.
3: It's damn expensive advertising.
4: With the exception of maybe 5-6 football programs, everyone else loses money. Lots of money -- see: https://www.ncaa.org/sites/default/files/2017RES_D1-RevExp_Entire_2017_Final_20180123.pdf
I haven't followed it enough to have an opinion, but are arguing this is a bad idea because other private businesses would be worse off? That these clubs have a responsibility to make other people money?
No, the argument is that thinking of these clubs as "private businesses" is, as such, a mistake. They are public trusts for the fans, regardless of how they are legally organised.
What? That is utter nonsense. How is a soccer team any different than any other business in its responsibility to its customers?
Football is not a matter of life and death. It's much more important than that.
Which goes back to the implicit threat of fan violence.
There once was an actual shooting war over a soccer game.
Honduras & El Salvador if I remember correctly.
I think they are private businesses but their employees and fan bases didn't like this move to make more money and they very likely would have lost more ultimately if they went through with it. Not respecting your customer base is a tough way to make money...
They are NOT public trusts for the fans.
The fact that some fans are delusional about this causes a great number of problems, including often massive public subsides.
By the way, the most interesting legal issue here is how competition law factors into all of this. The consensus seems to be that forming a Super League may well be an unlawful cartel, but that attempts at punishing players (clubs) by excluding them from other competitions is definitely (probably) an abuse of dominance.
https://competitionpolicy.wordpress.com/2021/04/20/do-plans-for-a-european-super-league-breach-competition-law/
Another scholarly article on this question: http://competitionlawblog.kluwercompetitionlaw.com/2021/04/22/the-super-league-and-its-related-issues-under-eu-competition-law/
And for those lawyers who want to get straight to the precedents, the key case is last year's International Skating Union v. Commission:
70 In that regard, it must be noted that, according to that case-law, when a rule entrusts a legal person, which itself, organises and commercially operates competitions, with the task of designating the persons authorised to organise those competitions and to determine the conditions under which they are organised, it grants that entity an obvious advantage over its competitors. Such a right may therefore lead the undertaking making use of it to prevent access by other operators to the market concerned. The exercise of that regulatory function should therefore be made subject to restrictions, obligations and review, so that the legal person entrusted with giving that consent may not distort competition by favouring events which it organises or those in whose organisation it participates (see, to that effect, judgment of 1 July 2008, MOTOE, C‑49/07, EU:C:2008:376, paragraphs 51 and 52).
I always like to laugh when people try to act like soccer is a real sport....
I don't think anyone is surprised that Jimmy has this provincial of a view here.
Different strokes. Some people consider automobile racing and professional wrestling to be sports and rattlesnake-juggling to be a good idea.
Professional wrestling is one of the most involved and dangerous sports out there. It both requires physical endurance and acting skills. Those guys are not just athletes but also artists. I've got nothing but respect for someone who can be successful in that sport.
Scripted = is not a sport.
"soccer is a real sport"
Cmon, some people like to see mindless running around and dramatic flops.
At least Arsenal ended up at the top of the final table for the ESL. COME ON YOU GUNNERS!
It was joyous watching the league implode so rapidly along with Jose Mourinho getting the axe from Tottenham in the middle of it.
COYG!
"it was the People vs. the Plutocrats"
Yup
"The Duke and Duchess of Cambridge
@KensingtonRoyal
Now, more than ever, we must protect the entire football community – from the top level to the grassroots – and the values of competition and fairness at its core.
I share the concerns of fans about the proposed Super League and the damage it risks causing to the game we love. W"
For context, Prince William is the chairman of the FA.
Bob - I get your point, but it wasn't the outcry from the Duke and Duchess of Cambridge that totalled this plan - it was the outcry from the fans and from the players.
This was not a mere failure of nerve, nor was it a threat of violence. The 12 English teams backed down because both UEFA and FIFA ruled that any club which played in the Super League would be blacklisted from that year's World Cup competition.
I'm not sure whether this is a good or bad thing for sports. But if the world had an equivalent to US antitrust law, I don't think the leagues would have been allowed to issue that ruling.
They probably weren't. See my links above.
But the amazing thing is: What did they think was going to happen?! Didn't they game it out a little bit? "What is our position going to be if FIFA declares that anyone playing on one of the Super League clubs will be ineligible for the World Cup?" Everyone with a brain who follows club soccer knew that FIFA and UEFA would go apeshit - so you would have thought that the decision to go ahead was made fully expecting that response.
This is just the latest chapter of the toxic Boston Red Sox infecting everything they touch.