Martins, Roberto Branco; Parrish, Richard --- "Players’ Agents" [2011] ELECD 828; in Nafziger, A.R. James; Ross, F. Stephen (eds), "Handbook on International Sports Law" (Edward Elgar Publishing, 2011)

Book Title: Handbook on International Sports Law

Editor(s): Nafziger, A.R. James; Ross, F. Stephen

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847206336

Section: Chapter 19

Section Title: Players’ Agents

Author(s): Martins, Roberto Branco; Parrish, Richard

Number of pages: 14

Extract:

19 Players' agents
Roberto Branco Martins and Richard Parrish



INTRODUCTION
This chapter focuses on the regulation of players' agents in professional football given
that the sector has the highest incidence of agent activity and that developments in
football drives change in other sports. It begins with a brief overview of why agents play
such a prominent role in world football. It then discusses the role of the International
Federation of Football Associations (FIFA) in regulating agent activity and explains why
agent regulation may be necessary despite criticisms of the regulatory model employed by
FIFA. The chapter then considers the role the European Football Agents Association can
play in shaping the regulatory environment. Three recent developments are then explored:
FIFA's re-evaluation of its 2008 regulations, the conclusions of the 2009 European
Commission Agent Study and developments in the European professional football social
dialogue committee. Finally, the chapter reviews alternative models for regulating agents.


THE RISE OF AGENTS
In the English case of Walker v. Crystal Palace Football Club [1910], Farewell J. applied a
new `control test' as a common law means of distinguishing an employee subject to the
control of the employer from a self-employed contractor who is not.1 Whilst this control
was principally exercised by subjugating the football player to the training regime of the
club, in a wider context a maximum wage and transfer system was devised which formed
part of a wider control mechanism of management over players.2 Originating in 1891, the
so- ...