The Legal Consequence of a Breakaway “European Super League”

Rafiel Rajinthrakumar | February 16, 2021

It has been almost 30 years since the idea of a European Super League was first introduced (1). Fast forward to 2020, and the idea seems to be edging closer and closer to reality. However, many players, managers, and fans across the world are divided about this innovative league. On one hand, the league will provide exciting action for fans as the top teams from each European country will go head to head on a frequent basis. On the other hand, players and managers would have another competition to add to their busy schedules. European teams are already involved in numerous domestic competitions, so adding another one would create mayhem in regards to scheduling, injuries, and squad management. All these may seem like facetious issues which will be resolved over time, but how about the legal consequences? The fame and excitement of this new league may seem great at first, but players might have to think twice before they start playing.

So what exactly is a European Super League? Essentially, it would be a league composed of the best teams in Europe. These teams would be chosen on the basis of historical success and financial stability. Teams like FC Barcelona, Real Madrid, Bayern Munich and Manchester United are examples of teams who would definitely be included in this competition. According to reports from Der Speigel, the league would include 11 “core founding clubs'' who would never be relegated and 5 other teams that could be relegated based on their performances (2). To those who follow soccer, this league may sound like an upgraded version of the Champions League, which is not wrong. The primary difference would lie in the match-making process. Being one of the most popular sporting competitions in the world, the UEFA Champions League is loved by fans and players around the world because it provides a stage for teams labelled as “underdogs'' to test their luck against European powerhouses. For instance, flashback to the 2019-20 Champions League. The semi-finals featured underdog teams RB Leipzig and Lyon, who nobody would have expected to even make it past the Round of 16. Although both teams were knocked out by PSG and Bayern Munich respectively, it was a spectacle to savor. This element of surprise is what makes the Champions League such an attractive competition, but it can also lead to games which lack in quality and excitement; for instance, if two lower skilled teams were to play against each other and the big teams were disqualified. Lower-skilled teams are more likely to play against each other in the group stages of the Champions League, which are usually the games that attract the least amount of attention.

A Breakaway Super League would eliminate the number of “boring” games and increase viewership by providing an exclusive platform for elite teams to go up against each other. In doing so, the winners and participants of this league would receive greater financial rewards compared to other competitions since ticket sales and broadcasting money would bring in a lot more revenue (3). In spite of the risk for more injuries and busier schedules for many teams, the prospect of exciting soccer along with more money has divided opinions between players and managers. During his final speech, former Barcelona president, Josep Maria Bartomeu, claimed that he had “accepted proposals for the club to join a European Super League” (4). To him, this seemed like a great idea because since Barcelona was in so much debt from buying expensive players, the rewards from the Super League would help balance the books and stabilize Barcelona’s balance sheet. However, others disagreed with Bartomeu, most notably La Liga president Javier Tebas who asserted that Bartomeu’s interest in such league validates his ignorance about football (5). Barcelona’s financial struggles would not be guaranteed to resolve with a Super League, and this league would take a long time -- around 3 to 4 years -- to be finalized and implemented.

Similar to Tebas, many players have expressed their opposition to a Super League. Former World Cup winner and current Real Madrid midfielder Toni Kroos made his views clear, stating that “These competitions try to absorb everything financially, and also to squeeze everything out of the players' physically. I am a big fan of leaving things as they are when they are going well” (6). His comments provided many with insight on how it feels to be a player at these big name clubs. They are forced to participate in competitions for the financial benefits, at the expense of their physical and mental well-being. However, Kroos made these comments in November 2020 and although his arguments are valid, there has been more information regarding the legal ramifications of this league.

Last month, ESPN released an article which explained that any players who chose to participate in any sort of breakaway Super League would be legally banned from playing in FIFA competitions, including the World Cup (7). This statement was made jointly with the other 6 confederations around the world, emphasizing that this breakaway competition would not be recognized on an international scale (8). This announcement would give players like Toni Kroos more reasons to oppose this league and focus on the Champions League and other domestic competitions instead. In addition, many soccer managers around the world would think twice about joining this league. Big name players like Lewandowski, Messi, and Ronaldo each play for teams which would be classified as one of the “core founding clubs'', according to reports from Der Speigel. This would mean that if they chose to play in this league, they would sacrifice the opportunity to represent their country at any FIFA recognized tournaments. Sports fans across the world would be left to watch the World Cup without their favorite stars, meaning less viewership and excitement for everyone.

Although the discussion surrounding a Super League will not end anytime soon, players, managers, and fans around the world have a lot to think about. Personally, I believe the Champions League provides more than enough entertainment for fans across the world. Some games are not as entertaining as others, but that is the case in every sport. Moreover, I believe FIFA’s announcement should make the message loud and clear. The World cup is -- and always has been -- one of the most watched sporting events in the world. A breakaway Super League, or any type of external competition that threatens to alter the World Cup and prevent players from participating, should think twice about their plans. Watching your favourite players walk on the pitch to represent your country on the world’s biggest stage is an unparalleled feeling for many, even if they are not religious sports fans. As Messi, Ronaldo, and many other players reach their final years of being professional athletes, let us hope that the legal ramifications of a breakaway Super League do not interfere with the world’s greatest tournament.

Endnotes

1. "Football: Uefa Winning `super League' War." The Independent. Last modified October 23, 2011. https://www.independent.co.uk/sport/football-uefa-winning-super-league-war-1180341.html.

2. "European Super League: What is It and is It a Good Idea?" Football News, Views & Transfer Rumours | Football Whispers. Last modified August 20, 2020. https://footballwhispers.com/blog/european-super-league-debate/#:~:text=These%20sports%20leagues%20are%20all,financial%20reward%20to%20its%20members.

3. "European Super League: What is It and is It a Good Idea?" Football News, Views & Transfer Rumours | Football Whispers.

4. "Barcelona President Bartomeu Resigns." BBC Sport. Accessed February 12, 2021. https://www.bbc.com/sport/football/54713209.

5. "Barcelona President Bartomeu Resigns." BBC Sport.

6. "Toni Kroos Opposes European Super League." MARCA in English. Last modified November 11, 2020. https://www.marca.com/en/football/real-madrid/2020/11/11/5fabd8d4268e3ef72d8b460e.html.

7. Reuters. "Breakaway Players Face World Cup Ban - FIFA." ESPN. Last modified January 21, 2021. https://www.espn.com/soccer/fifa-world-cup/story/4294461/breakaway-super-league-players-would-be-banned-from-world-cup-fifa.

8. Reuters. "Breakaway Players Face World Cup Ban - FIFA." ESPN