THE PREMIER League and the Professional Footballers Association (PFA) are suing Fifa alongside other European domestic leagues and unions over what they allege is abuse of a dominant position.
Football’s world governing body is accused of taking “unilateral decisions” on the international match calendar which is now “beyond saturation” in a joint complaint to the European Commission by umbrella bodies European Leagues and Fifpro Europe.
The leagues and unions say Fifa’s conduct has “harmed the economic interests of national leagues and the welfare of players” and argue Fifa’s role as a regulator and competition organiser is a conflict of interest. Fifa hit back in its own statement responding to the complaint, accusing some leagues of “hypocrisy.”
Fifa has been accused of a failure to consult over recent changes to the calendar, such as the introduction of a 32-team Club World Cup.
“The international match calendar is now beyond saturation and has become unsustainable for national leagues and a risk for the health of players,” a joint statement from the leagues and unions read.
“Fifa’s decisions over the last years have repeatedly favoured its own competitions and commercial interests, neglected its responsibilities as a governing body, and harmed the economic interests of national leagues and the welfare of players.
“National leagues and player unions, which represent the interests of all clubs and all players at the national level, and regulate labour relations through collectively agreed solutions, cannot accept that global regulations are decided unilaterally.
“Legal action is now the only responsible step for European leagues and player unions to protect football, its ecosystem and its workforce from Fifa’s unilateral decisions.”
The statement refers to the Super League judgement from the European Court of Justice last December, which required Fifa and other governing bodies to exercise their regulatory functions in a way that is transparent, objective, non-discriminatory and proportionate.
Fifa’s conduct over the calendar, they allege, “falls well short of these requirements.”
PFA chief executive Maheta Molango said on Tuesday: “Legal action is the unfortunate but inevitable consequence of major stakeholders within the game — the leagues and the players — being ignored.
“What unites us is the impact that decisions about the fixture calendar, made by international governing bodies, are having. In England, we’ve already seen major changes to the structure of the FA Cup — which have essentially been forced by the expansion of international competitions.
“Those changes affect all our members and their careers. It’s the knock-on impact we’ve been warning about for a long time.
“Even since initial legal action began last month, led by the PFA with the French and Italian player unions, next summer’s African Cup of Nations (Afcon) has had to be moved. That is an unavoidable result of Fifa scheduling its expanded Club World Cup for next June and July.
“Afcon will instead be played in the middle of the European season. That will directly and unexpectedly impact national leagues, clubs and — most importantly from our perspective — players. These are big, potentially career-altering decisions being made without proper consultation or negotiation.
“It’s just not tenable to continue to argue that this approach to the fixture calendar is working. As always, it’s the players who are expected to bend. As we have seen, eventually they will break. It has to stop.”
Unions and leagues wrote to Fifa in May warning they were seeking legal advice, and last month the PFA, along with Fifpro Europe and French players’ union UNFP, launched an action in the Belgian courts to ultimately determine whether Fifa’s actions had breached players’ rights under EU law.
The new complaint has been joined by Spain’s LaLiga, which is not a member of European Leagues. The EFL and the Scottish Professional Football League (SPFL) are among the European Leagues’ membership.
The Premier League has not commented separately regarding Tuesday’s complaint, but its chief executive Richard Masters did address the issue at an event hosted by Fifpro in May.
“The problem is real. We’re starting to see the impact of decisions made by regional and international bodies. The calendar is getting less harmonious with every decision that is being made,” he said.
“There is no faith anything is going to change. If you feel like you are not being listened to, you get frustrated. We feel enough is enough — it is a shame we have got here.”
A Fifa spokesperson said on Tuesday: “The current calendar was unanimously approved by the Fifa Council, which is composed of representatives from all continents, including Europe, following a comprehensive and inclusive consultation, which included Fifpro and league bodies.
“Fifa’s calendar is the only instrument ensuring that international football can continue to survive, co-exist, and prosper alongside domestic and continental club football.
“Some leagues in Europe — themselves competition organisers and regulators — are acting with commercial self-interest, hypocrisy, and without consideration to everyone else in the world. Those leagues apparently prefer a calendar filled with friendlies and summer tours, often involving extensive global travel.
“By contrast, Fifa must protect the overall interests of world football, including the protection of players, everywhere and at all levels of the game.”
