EXCLUSIVE: Football agents secure minor victory in FIFA commission cap row

Jacque Talbot

Updated: 8 Nov 2023 17:11 GMT
6 min read

Rafaela Pimenta, football agent — © ProShots

Spanish agents secured a legal victory this week after a court in Madrid issued a temporary order instructing FIFA to stop enforcing the recently introduced cap on football agents' fees, as outlined in a new FIFA Regulation.

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FIFA introduced a regulation at the end of 2022 called FFAR (Football Agents' Fee Regulation) to regulate the activities of football agents worldwide, and it set a maximum percentage limit on the fees agents could receive in various transactions, depending on whom the agent represented.

FIFA's rationale for these regulations was to address certain issues that it believed had arisen in recent years, though agents have argued that not only would it severely impact their business model and income, but could violate competition laws.

Several football agents and agents' associations have initiated legal actions against FIFA. Over the summer, the Spanish Association of Football Players' Agents, along with 18 other football agents and agencies, filed a lawsuit against FIFA, as well as asking for interim measures to prevent FIFA from enforcing the FFAR fee cap. On November 6, 2023, the court ruled in the agents’ favour, marking a significant win for those opposing FIFA’s legislation.

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Where agents stand

Mario San Román, a lawyer specialising in sports law, has spoken exclusively to FootballTransfers about the result and its ramifications for football agents going forward.

“Well, what I believe is that FIFA wants to change the business model for football agents where agents would receive a commission on one hand but, on the other hand, what about what is referred to as 'other services' in the regulation? Such as scouting or consultancy? Where do they fit in? There are three ways to approach this situation. The first is to get into the system. If you enter the system, you have to accept that the rules of the game have changed, and not with the regulations.

“And the second option is to get leases and into the system, but the trouble is that you either end up facing a sanction or, if you are a small or medium-sized agent, you'll legally disappear in the long run. And finally, you can choose not to enter the system at all, affecting the risk for both players and coaches as well as for the football agent."

© ProShots - Jorge Mendes with Cristiano Ronaldo

Roman also touched on the representation of agents in the media and how people’s perspective of their jobs is warped.

“Everyone thinks that being an agent is simply picking up the phone, dealing with players, and making lots of money. Being an agent is not just about calling a club; it’s about being with a player from a very young age, acting as a mentor, handling social media, negotiating contracts, among other things. It’s a comprehensive service to the player, looking after every aspect of their well-being."

Roman continued: “Anyone who claims that an agent doesn't work or earns millions for just making a couple of calls, I will invite them to spend a day with an established agent, because do you know how many days of football is staying away from home? Do people realize that you have to sacrifice your personal life to be an agent?

"Because I have a client who spends more than 250 days away from home and that person has family they hardly get to see. It is sacrificing time with the family and friends for a project, you know. So I say that talking is very easy.”