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11
Agents and intermediaries
Giambattista Rossi
Football agents and intermediaries
In order to understand how and why the modern-day agent’s industry developed we must
first set out what is meant by the term “agent” in contrast to the synonym of intermediary.We
therefore begin with a brief introduction to the differences between the two terms, charting
how middlemen in the football market have flipped between the two terms over the last century,
before going on to look at the historical development of their activities from the pre-war period
through to the present day.
While the words agent and intermediary are used interchangeably in common parlance,
there have traditionally been subtle differences between the two which can help us to explain
the development of the industry (Frenkiel, 2014). In the business context, both terms are
defined as professionals who act with or in between two or more trading parties for legitimate
economics activities, illegitimate payments, or a combination of both, offered by a supplier to
a consumer. However, while agents are legally authorised, through a legal mandate, to act on
behalf of one of the two parties concluding a specific contract, intermediaries mainly carry
out only material actions (establishing contracts, arranging meetings, etc.) in order to bring
the contracting parties together as fixed by brokerage contracts (KEA et al.,2009).Specifically,
while agents mainly centre their profession around the player’s or athlete’s representation and
interests, intermediaries principally focuses on any sort of transactions involving players, clubs,
and companies.
The transition of football agents from a social norm lacking any official status, to a coveted,
legally recognised profession central to the operation of global football markets can be charted
through four periods mirroring the dispersion of the game commercially and in parallel, liberalisation
of the labour and transfer markets (Magee, 2002; Gouget and Primault, 2006):
•• From the late nineteenth century to the late 1950s: scouting and intermediation on the
behalf of clubs
•• From the early 1960s to the mid 1990s: the representation of football players
•• From the mid 1990s to the mid 2010s: the professionalisation of football agents
•• From the mid 2010s to present days: the era of super agents and intermediaries.
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From the late nineteenth century to the late 1950s: scouting and
intermediation on the behalf of clubs
Intermediaries in the football market have existed since the advent of professionalism,performing
scouting and recruitment roles for clubs.As clubs developed, they internalised this activity and
by developing their own scouting networks diminished the role of middlemen.These changes
in the market led intermediaries to seek other roles and their position as middlemen working
between players and clubs started to develop.Their initial role in the UK was largely confined
to advising clubs on sourcing new football talent. Although the first case of professionalism in
football dates back to 1876 with the transfer of the player James Lang to Sheffield Wednesday,
the English FA sought to curb the use of professional players and it was almost a decade later in
1885 when they eventually reluctantly sanctioned professionalism.In this context,football intermediaries
operated only on behalf of clubs to scout and recruit players (Roderick, 2001, p. 13).
In the UK, after the introduction of the “retain and transfer” system in 1893 which enabled
football clubs to exercise a great degree of control over the movement of players (Magee, 2002),
the early years of the twentieth century saw clubs beginning to take more responsibility for
their own recruitment of players and intermediaries’ activity was marginalised. The Football
Association (FA) felt that intermediaries were against the ethos of football and disapproved
of their activity so much that the activities of individuals who attempted to profit as the gobetweens
of clubs and players were officially banned. However, despite clubs being regularly
warned not to deal with intermediaries, there was still demand for their services (Taylor, 2005).
Regardless of their disputed image, the growth and increasing openness of the international
transfer market offered an opportunity for intermediaries to start to gain both exposure and a
prominent position in the development of football. From their inception, all of the professional
leagues imported foreign players in accordance with the respective domestic transfer market
restrictions (Taylor, 2006). Since the English FA was not a member of FIFA at that time, foreign
clubs were not obliged to pay any transfer fees for players. Intermediaries appeared from abroad
to collaborate with local intermediaries, who mainly operated domestically, in order to transfer
British players overseas (Taylor, 2002). Consequently, intermediaries were not welcome and
team managers did not want to deal with them.
By the end of WWII intermediaries were widespread throughout the main football markets.
However, in general, players were not professionally advised in transfer deals or contract
negotiations (Taylor, 1999). Players at that time were seen purely as a commodity without the
proper labour legislation in place to protect their rights.Competition from foreign leagues with
the strong desire to sign the most high-profile players offered appealing alternatives. In the UK,
this situation was also aggravated by the presence of the maximum wage, which remained in
place until 1961. Consequently, the best British players were not able to command fair-market
compensation from their clubs.The top British players frequently moved to Italy in the 1950s
and 1960s through intermediaries who became ever more closely embroiled in negotiations
(Harding, 2004).
Within the football transfer markets,there was much collusion between clubs’managers and
directors (Carter, 2006). Players’ transfers were agreed at inflated fees in order to write money
on their tax return. The actual fee would be recorded as much lower in the buying club’s
accounts and those parties involved in the deal would then split the extra cash and, sometimes,
give a small part to the player. While in England club managers were the main drivers of the
transfer market, in the rest of Europe club directors became prominent. The nature of the
transfer market at that time has been criticised as being akin to slavery where players could be
transferred to another club on the whim of their club chairman, while intermediaries acted as
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Agents and intermediaries
“human flesh brokers” (Wahl and Lanfranchi, 1995). From the mid-1950s, conflicts between
players and clubs owners throughout Europe were regular and related to both demands for
increased wages and transfers.
From the early 1960s to the mid 1990s: the representation
of football players
By 1960 in England it had become apparent that the restrictions in the labour market were
not conducive to keeping the best players, and the players’ union, the PFA, chaired by player
Jimmy Hill, was using its influence to campaign against the maximum wage and the “retain and
transfer” system.The decision to abolish the maximum wage in 1961 balanced the bargaining
power between players and clubs to the point where most athletes started negotiating their
contracts with the assistance of personal representatives (Magee,2002).Between 1960 and 1964,
the wages of First Division players increased by 61 percent (Szymanski and Kuypers, 1999).
Labour market liberalisation continued in 1963 when the High Court ruled in the George
Eastham case that the “retain and transfer” system was illegal on the basis that it constituted an
unjustifiable restraint of trade (Banks,2002). Through this liberalisation,players began to redress
the imbalance of power that had been a feature of their relationships with clubs. In making
the transfers of players more flexible, leagues and football associations legitimatised the use of
intermediaries. However, there were still restrictions on the movement of players as clubs could
unilaterally extend players’ registrations so long as terms equal to their previous contract were
offered; in essence they could tie a player to the club for as long as the club was willing to pay
for his services, irrespective of whether the player wished to remain at that club.
By the late 1960s,influenced by the general political climate as well as debates going on within
sport in general and football in particular, football players in Europe also continued to readdress
the power balance.This period of reform and liberalisation was replicated across many major footballing
nations, often with governmental support (Marzola, 1981). However, while these reforms
facilitated the movement of players domestically, their movement between national federations
remained highly regulated. Concurrently, media interest in sports as part of regular television programming
expanded very rapidly,bringing enormous amounts of revenue into the leagues.While
sports governing bodies have been very keen to restrict the role of agents in all matters relating to
the relationships between players and clubs, they have not sought to regulate their activity with
third parties and therefore a role in arranging for players to benefit from sponsorship and endorsements
has thrived with little or no interference. Recognising these commercial opportunities, the
use of agents by players first flourished throughout the 1960s and 1970s.
By the late 1970s, with clubs increasingly looking at global markets, players were marketable
beyond their national associations, and agents increasingly started to play an important role in
this internationalisation.With different transfer regulations and labour market systems country
by country, various information asymmetries arose; for clubs, it was still considerably difficult to
obtain reliable information on the quality of players at both national and international levels and,
even when this was available, their likely future performance was extremely difficult to assess.
As McGovern (2002) outlines, patterns of migration within the football industry were mainly
socially embedded along regional lines and appropriate economic evaluations of players were
infeasible. In this environment, football agents slowly strengthened their position in the transfer
market,establishing migration channels favoured by the loosening of transfer limitations on foreign
players in different countries,such as England in 1978 and Italy in 1980,and the emergence
of new markets following the fall of the Soviet Union block.
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The dual factors of increased internationalisation and the related growth in media coverage
combined with the reforms of the transfer market regulations meant that players could begin
to exploit their talent in various ways. These combined factors led to wage increases throughout
the world of football (Marzola, 1990).As the value of contracts increased, the profession of
football agents became more lucrative and a new generation of agents emerged to mainly assist
players with their endorsement contracts and provide legal advice to players (Minguella, 2008;
Canovi and Mazzocchi, 2011; Caliendo, 2012): Dario Canovi and Antonio Caliendo in Italy,
Norbert Pflippens andWolfgang Fahrian in Germany,Dennis Roach and Mel Stein in England,
Jose Minguella,Alberto Toldra, and Roberto Dale in Spain, and Bernard Gé né star in France.
By the 1980s, agents in the UK transfer market were relatively commonplace, yet without
official recognition by any football governing bodies, their activity was unregulated. Moreover,
the absence of any supervision in transfer negotiations led to an opportunity for inappropriate
behaviours to be undertaken by agents, managers, and football directors.The lack of accountability
in the transfer market remained exposed to the presence of an unwritten code of conduct
based on the bungs culture1
within the football industry. In the early 1990s the involvement of
some football managers, such as Brian Clough and Graham Taylor, in illicit payments received
from agents in player transfers confirmed that the activity of football agents needed to be officially
regulated by football governing bodies at national and international levels (Bower, 2007).
In 1994, FIFA formally recognised and regulated the activity of football agents with the first
licensing system accepted by all football federations signalling the transformation of the activity
of football agents into a profession. Finally, this formal recognition implied a more rigorous
definition and regulation of the role, duties and responsibility of the agents whose license was
officially issued by their national football association. This official recognition meant that some
important figures who had long been involved in the football business in various guises could
now be classified legitimately as stakeholders.
From the mid 1990s to the mid 2010s: the professionalisation
of football agents
The Bosman ruling in 1995 fundamentally changed the way that football in Europe had operated.
In the ruling, the ECJ afforded free agency to players once their contracts expired and
guaranteed them freedom of movement within the EU in line with all other professions (Dubey,
2000). This new market scenario was favoured by the exponential revenue growth in the football
industry resulting from greater competition and deregulation in the broadcasting market
which meant that pay-tv incumbents were willing to pay a premium for rights to broadcast live
premier league matches. This revenue filtered through to clubs,which in turn sought to employ
the best players.Agents found themselves in a market that allowed them to fully exploit players’
bargaining power and their transfer freedom across EU borders.
Clubs had to start fully dealing with players’ representatives, who negotiated the best possible
contracts for their clients as well as for themselves (Banks,2002).With players able to move
without a fee at the end of their contracts,the only way that clubs could recoup their investment
in players was to sell them while they were still under contract. Conversely, if clubs wanted to
retain players, whose contracts were due to expire, they would need to offer new contracts with
improved terms before the current terms expired. Both situations represented lucrative bargaining
positions for players and their agents. In the 2001/02 season, Premiership clubs spent £ 475
million on players’ wages and £ 323 million on transfers according to Deloitte (2003). In that
season, agents would have earned about £ 46 million. One Premier League financial director
said,“there is nothing atypical about the amounts that English clubs pay agents. Every club has
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Agents and intermediaries
its own policies and indeed the levels would vary depending on the agent and the club’s ‘desperation’
for a player” (Wild, 2003).
Recognising the opportunity to profit in the game,a new wave of agents entered the football
industry from various business sectors. In England, for example, Jon Holmes used to be a lifeinsurance
salesman; Eric Hall and Athol Still moved into football after representing performing
artists; and Cyril Regis, Jasper Olson, and Barry Silkman were former professional players
(Harding, 2004). By February 2001, there were 631 licensed agents worldwide and this number
increased in the following years, when, under pressure from the EU Competition Commission,
FIFA modified the rules governing the acquisition of an official license. In Europe alone, the
number of football agents increased by about 1,000 per year equating to around 300 per cent
(Poli, 2010c). In December 2009, there were 5,193 officially licensed agents worldwide.
Throughout the 1990s the role of agents was able to develop more fully and their activities
on behalf of either players or clubs developed according to their own personal networks.Besides
contract negotiations, the role played by agents encompasses the development of transnational
networks which scout and train players. Once a talented player is identified, intermediaries
organise short-term trials in clubs with which they have existing relationships. Europe-based
agents often collaborate with“tipsters”living in particularly fertile markets who,in exchange for
a regular salary or periodical commissions, scout local talent and organise tournaments, which
their Europe-based partners then attend in order to finalise a deal (Poli, 2010a).
In an increasingly global world, massive investments in football networks are essential in
order to recognise and attract the best players (Poli, 2010b).This requires that football agents
have a deep and selective knowledge of professional football worldwide so as to be able to scout
players on behalf of clubs (Pinna,2006).Semens (2012) explains that while clubs have their own
networks,well-connected agents can act as a link when club networks do not otherwise overlap.
Agents are also responsible for the structure of migration channels conceived as information
systems that guide labour migrations and govern entry into the foreign labour market. In the
transfer market, they control the entry into the migration system and the flow dynamics by
motivating players to migrate. In this context, as Poli (2010b) highlights, agents play a key role
in manipulating the different steps of players’ career trajectories and they can influence clubs’
football strategies through their role in recruiting and buying players on the transfer market.
These arrangements have been known to include a commission for the identifying agent should
the player be sold on for a higher amount in future.This issue is increasingly important to the
extent that, in recent years, there has been a proliferation of companies and investment funds
whose main business is to invest in football players by buying and selling shares of their economic
rights in exchange of financial profit.An established practice in South America, so-called
Third Party Entitlement,TPE, has also been deployed in Africa and Europe, particularly when
clubs cannot afford to invest in the recruitment of new players. Either setting up or actively
taking part in TPE investments, the professional activity of football agents has now acquired
an entrepreneurial dimension that goes beyond their historical roles and functions within the
football labour markets.
On 3 June 2009, FIFA decided to conduct in-depth reform of the licensing system through
a new approach based on the concept of intermediaries in order to overcome the deficiencies
of the existing regulatory system (FIFA, 2015e).The member associations of FIFA acknowledged
that almost three-quarters of international transfers were organised through unlicensed
agents and they sought to deregulate the profession of agents through this new approach.The
reform resulted from an extensive consultation process involving all stakeholders in football,
except agents. Its proposal was to require clubs and players to record the use of any intermediary
in a player transfer, and to regulate how such intermediaries were used. However, the new
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regulations, FIFA Regulations Working with Intermediaries (RWI), came into force on 1 April
2015 and no longer attempted to regulate access to the activity, but instead control the activity
itself.With no direct link between football’s governing bodies and the agents, any sanctions
can only be enforced on players or clubs, whose responsibility it is to ensure that their selection
of intermediary is behaving in an appropriate way.This radical change, approved by FIFA and
supported by the main football stakeholders such as FIFPro, has widely affected the individual
associations leaving a regulatory vacuum that is likely to impact on how the intermediary profession
might change without a proper supervision and regulatory framework.Therefore, the
inevitable result is that there is a huge diversity of national measures to govern the profession’s
activity (Martins, 2016).
From the mid 2010s to present days: the era of super
agents and intermediaries
During the six years leading to the approval of the RWI, FIFA often pointed out that its intention
was not to put in place a deregulation,but to switch the focus from agents to single football
transactions. FIFA did not want to regulate intermediaries in the same way they attempted to
regulate agents (Lombardi,2016).FIFA in essence admitted defeat in its attempt to regulate players’agents,and
it abandoned the agents’regulations in their entirely,discounting the recognition
of the Licensed Players Agents as a profession (Bellia, 2016).The RWI are interesting in their
approach as they now focus on the regulation of the transaction, rather than the regulations of
the individual (agent).This radical change in FIFA’s approach focuses more on monitoring the
intermediaries’ transactions rather than the formalities on their access to the profession as was
the case before (Van Megen, 2016). Single transfers have now become the focus as FIFA has
ultimately ceased to regulate the agents so abruptly.This new approach is consistent with the
introduction of theTransfer Matching System in 2010, which is designed to regulate and monitor
the international transfer of players.
Based on these premises, we can consider football players from a different perspective that
highlights the football transfer activities as sources of added-value generation in financial terms.
In the economic context of the transfer market, football players are not just workers under
contract with a club, they are also commodities (Rossi et al., 2016).Theoretically, the resourcebased
view, RBV, suggests that they can be conceived of as strategic resources which help clubs
to obtain a competitive advantage in their industry and generate value, thereby contributing to
both the strategic and the financial viability of the club.According to the RBV, resources can
be defined as those assets that are tied semi-permanently to the firm and, together with capabilities,
are the foundation of the firm’s long-term strategy since they are the primary source
of profit (Amit and Schoemaker, 1993).These strategic resources are defined as valuable, rare,
inimitable, and non-substitutable and any firm has then to identify how to generate, manage,
and control them in order to establish and enhance its sustainable competitive advantage and,
in turn, its profits (Barney, 1991).The RBV therefore helps us to understand the relationships
between resources, capabilities, competitive advantage, and profitability and, as a consequence,
can help with strategic planning.Additionally, the firm’s returns from its resources depend not
only on sustaining its competitive position over time, but also on its ability to appropriate these
returns.The issue of appropriability concerns the allocation of rents where property rights are
not fully defined.
It follows that different actors in football, including football intermediaries, create valueadded
chains in order to gain profit from the career trajectory of football players through their
transfers between clubs (Poli, 2010). In the football context, since players are valuable, rare,
AQ: Is this a reference
to Poli a, b,
or c?
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Agents and intermediaries
inimitable, and non-substitutable for their clubs, clubs’ actions in the transfer market, based on
their scouting and recruitment process, can be thought of as representing the most important
strategic decisions that have to be made.Indeed,contrary to other professional sports (e.g.rugby,
basketball), football clubs buy out the contracts of players whose registration rights are owned
by other clubs in an exchange for a negotiated amount of compensation. In operational terms,
this financial element to labour market moves,which must be agreed in a relatively open market,
has created opportunities for third parties to compete with clubs in the market to acquire these
resources and extract economic rents for themselves.
Indeed, for a football intermediary, when it comes to assessing resources owned and controlled
by third parties,their main asset is the network of personal relationships that they operate
in. Built informally over time, and not governed by contracts, which could expire over time,
agents use their networks to obtain information that can help them in making deals. In the
context of the transfer market, third parties have helped to turn players into resources, either
explicitly or implicitly and, in this respect,TPE investors buy a stake in the player’s contract,
which entitles them to a share of the financial benefit from a player’s transfer.While football
intermediaries are often involved in this, there are many other potential stakeholders for TPEs,
including holding companies,investment funds,club shareholders and employees,football academies,
and even football players and their relatives.
Given the competitive nature of the representation market, some intermediaries have found
ways to differentiate themselves from the competition and to make their activity profitable,
despite not controlling many resources, by their access to those resources. However, while players
are advised by intermediaries, they are not controlled by them, or at least, intermediaries
do not have the legal means to control the moves of players and since their relationships with
players do not always involve a formal contract, these relationships with profitable clients might
be vulnerable. However, intermediaries’ revenues are tightly linked to the transfers they are
involved with. By investing in TPEs, intermediaries have found a way to convert players into
property-based resources, which can be protected and become a source of profit. In theoretical
terms, intermediaries have taken advantage of the transfer system that was implemented by
clubs under the same resource-based rationale since TPE is derived directly from this strategy.
Investing formally in players thus gives intermediaries a competitive advantage in the market
and the potential to profit from holding a share of a player’s economic rights.This element characterises
the so-called super agents and intermediaries together with their abilities to maximise
their football networks potentials and capabilities to fully serve clubs and players in generating
added-value to their transfer markets operations in terms of capital gains from transfers and
contract renewals in salary terms (Widdop et al., 2016).
Despite the presence of high-profile intermediaries such as Jorge Mendes and Kia Joorabchian,
most TPE investors, both natural and legal persons, are outsiders to the football world. This
enables intermediaries to provide a dual role, one relatively official while the other is less transparent.
First, intermediaries, as football insiders, are very often official members of the experts’
commission set up by investors in order to give advice on which players should be targeted.
Second, the central position of intermediaries in transfer deals also grants them the ideal role of
ambassador.Indeed,third parties,although interested in the details and the conclusion of transfer
deals,are not supposed to have an influence.In particular,they are not physically present around
the negotiation table and have in turn to respect the deal as concluded by the negotiating participants.
It is then very tempting to convince an intermediary to represent the interests of the
third party during the negotiation or at least to communicate the information shared during the
discussion.As clubs have clear incentives to keep third party shares down, intermediaries are the
ideal partner for third parties. The conditions under which intermediaries can conduct such an
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emissary role are not always transparent, but the numerous ties between agents and third party
owners of players’ economic rights indicate that such relations exist.
From an intermediary’s perspective, TPE has become a strategic investment tool to enter
into transfer markets and compete directly with football clubs for the acquisition of football
talent at all levels. As happens in many industries, intermediaries have acted as venture capital
investors who are ready to support clubs in their transfer strategies and opportunistically exploit
the recruitment and career development of football players who are seen as strategic resources.
Market concentration in the representation market across
the big five leagues
In 2016, the big five European leagues together generated € 13.4 billion in cumulative revenue,
and spent € 8.2 billion in wage costs and in estimated transfer fees in the region (Deloitte,2017).
With such fees being spent, the most relevant and influential football intermediaries are domiciled
in these countries and operate within their professional leagues.The fees paid to agents are
clearly significant sums of money. In England, both the Premier League (PL) and the Football
League (FL) produce an annual report on the fees that clubs pay to agents, which shows that
since the 2008/2009 football season roughly £ 980 million has been paid by the 92 professional
English football clubs to football agents.This is aside from the huge sums estimated to be paid
by players themselves. Since October 2010, the Transfer Matching System (TMS) has tracked
all international football transfers and its Global Transfer Report states that between 2011 and
2016 $1,396 million were spent by clubs to pay intermediaries commission for their roles in
international transfers (FIFA TMS, 2017).
By investigating the level of market concentration in the representation market in terms of
market share and market power in 2016–17, we are able to ascertain how the representation of
players is distributed and how their market transfer evaluations are apportioned between agents.
While market share is defined by the total percentage of professional players represented by an
agent or an agency within the big five European leagues, the concept of market power is based
on the total sum of the potential transfer market value of the players involved.This in turn gives
us an indication of competitiveness within the market for agents and intermediaries.
In order to complete this analysis, data was collected on the main agent or intermediary for
every player registered to a club in the big five European leagues and, where applicable, also on
the second named agent.The potential transfer market value of each player was calculated based
on an economic model that takes into consideration variables relative to players and their teams.
The actual market concentration can be seen in more detail in Figure 11.1. Indeed, 113
intermediaries or agencies represent half of the players’ market share. On average, these agents
manage the career of more than one football player in the big five, and one-quarter of the players
are represented by 27 agencies, corresponding to roughly 2.8 per cent, on average, of the
representation market in football. In terms of market power, half of the players’ market value
is managed by 71 individual intermediaries or agencies, 7.32 per cent on average during the
season 2016/17, while one-quarter of players’ market value is represented by only 17 agents on
average, equal to 1.75 per cent of the representation market on average.
A more interesting insight is also to assess which agencies hold a dominant position in the
big five leagues, both in terms of the market share and according to the average total amount
of the estimated transfer value of their proté gé s. For this reason, the following analysis offers
a detailed overview of the most influential agents and intermediaries, from both a numerical
and a financial perspective, allowing also an assessment of the agencies which have been able to
increase their market power and influence over the time period.
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Agents and intermediaries
The 10 individual agencies with the most clients among the players in the big five leagues
managed the careers of roughly 316 players, equal to 12.6 per cent of the players’ market, as
shown in the following Table 11.1. In terms of the typology of agencies, the top agencies are
all global specialists, meaning that they focus predominantly on football representation and
they operate at international level.The exception to this is WMG and Stellar Group which are
involved in other commercial elements of sport and entertainment.
In the last five years, the agency has gone through an expansion process which will impact
on its dominant presence in the representation market. In June 2013,WMG announced the
appointment of highly rated consultants, including Chiel Dekker in Netherlands, and the
agents Frederic Dobraje,Gregory Dakad,Cedric Mazet,and David Martinez in France (WMG,
2013).According to MikeWatts,WMG COO,“the appointment of these five consultants gives
us a great opportunity to manage the careers of leading Ligue 1 and Eredivise players locally,
2.78%
11.76%
36.53%
1.75%
7.32%
20.43%
0
25
50
75
100
0 25 50 75 100
Players(%)
Intermediary entities (%)
Market share
Market power
Figure 11.1 Market concentration in the big five in season 2016/2017.
Table 11.1  Top 10 football agencies in with the highest market shares
Rank Agency/Agent/Intermediary Type Market share % Average number of
represented players
1. WMG (USA) GG 1.97 49
2. Sports Total (GER) GS 1.36 34
3. Stellar Group (UK) GG 1.36 34
4. Bahia Internacional (SPA) GS 1.36 34
5. Groupe USM (FRA) GS 1.28 32
6. Base Soccer (UK) GS 1.2 30
7 Promoesport (SPA) GS 1.2 30
8. Rogon (GER) GS 1.04 26
9. Groupe USM (FRA) GS 0.96 24
10. Pastorello & Partners (ITA) GS 0.92 23
Total 12.65 316
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which we see as a huge advantage for both the athletes and for Wasserman” (Long, 2013). In
line with this expansion strategy, on 13 November 2014,WMG acquired the Dutch football
agency Sport-Promotion founded and owned by Rob Jansen, one of the most respected
agents in Europe, who currently represents International Dutch players such as Daley Blind,
Marco Van Ginkel, Daryl Janmaat and Leroy Fer. Paul Martin, EVP managing executive for
global football at WMG, said of the new collaboration: “the continued development of our
European football practice is a priority for us and we firmly believe that this acquisition will
enable us to go from strength to strength as we continue to grow our European presence”
(WMG, 2014). In July 2016,Wasserman continued the expansion of its global football division
with the acquisition of French-based agency, Mondial Promotion, which represents over
60 clients, including the likes of Didier Drogba, Diafra Sakho, Arouna Koné , Pape Souaré ,
Bafetimbi Gomis, Idrissa Gana Gueye, and Marouane Chamakh.This acquisition further adds
to Wasserman’s elite client base which already includes Ross Barkley, Steven Gerrard, Jordan
Henderson, John Stones, Daley Blind, Chris Smalling, and Wilfried Bony, amongst others.
Casey Wasserman, chairman and CEO, of Wasserman, said:“Mondial has done an incredible
job dominating the French football market. Their impressive roster speaks for all the hard
work Pierre, Etienne and Thierno have done and will significantly add to our portfolio. Our
clients have always been our top priority,” said Pierre Frelot, co-owner of Mondial.As part of
Wasserman, we will now have access to a global wealth of services and opportunities for our
clients and we look forward to doing great work together. (Heitner, 2016).
In Table 11.2, intermediaries are ranked in terms of market power measured by the yearly
potential total amount of transfer fees that could have been generated by players represented
by them.Amongst the top 10 agencies, an estimated € 2.71 billion could have been generated
in transfer fees. With a potential of € 653 million, at the top of the rankings is Gestifute, the
Portuguese agency run by Jorge Mendes that represents the archetype of the generation of super
agents and intermediaries.In the last years,like few other prominent intermediaries,Mendes was
quick to provide his services to the new flow of Chinese interest and money in football facilitating
players’ transfers to China and advising Chinese entrepreneurs on investing in European
football. This market expansion became more evident when,Shangai Foyo,a company majority
owned by Fosun, huge industrial, pharmaceutical and entertainment holdings, bought stakes in
Gestifute’s holding company Start followed by the launch of a marketing and football agency
joint venture in Chinese football in January 2016 and by Fosun’s acquisition ofWolverhampton
Table 11.2  Top 10 football agencies in with the highest market power
Rank Agency/Agent/Intermediary Type Market power % Represented players’ total
value estimation € m
1. Gestifute (POR) GS 4.41 653
2. WMG (USA) GG 2.62 388
3. Stellar Group (ENG) GS 1.93 285
4. Maguire Tax & Legal (NDL) GS 1.76 260
5. Bahia Internacional (SPA) GS 1.68 249
6. Sports Total (GER) GS 1.48 220
7. Base Soccer (UK) GS 1.22 181
8. Euro Export Ass. e Prop. (BRA) GS 1.08 160
9. Pastorello & Partners (ITA) GS 1.07 158
10. Twenty Two (ARG) GS 1.06 156
Total 18.31 2710
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Agents and intermediaries
Wanderers five months later. Since 2001, Mendes has been able to obtain a privileged position
via his connections to diverse groups (clubs, players, funding sources, scouts etc.), enabling him
to collect more information than those outside of the network and therefore also exercise some
influence over how that information is used and whose interests are served (Russo, 2014).
Conclusions
The evolution of the profession of agents and intermediaries has always been strongly linked
with the reform of the football transfer market, the recognition of football players’ working
rights and the improvement of their working conditions. This aspect reveals that the profession
of agents has emerged spontaneously in function of players’needs and ambitions to exploit their
increasing bargaining power. In this context, agents have conquered a relevant market position
that has led some of them to adopt abusive market power behaviour and illegal conducts within
the transfer market, such as bribery, child trafficking, and tax evasion.The recent FIFA reform
on agents represents the first attempt to regulate the profession in an inclusive manner, after a
six-year period of consultation with the major football stakeholders.
With the introduction of the recent FIFA RWI, the concept of intermediation has become the
centre of the regulation. It is not anymore solely players’ rights and their interests alone but the
entire transfer market and its stakeholders that need to be more accountable and transparent during
the transfer activity with intermediaries. This change officially recognises that intermediaries are
more than simple players’ representatives as agents were supposed to be, but that their activity of
intermediation also involves more services for clubs, players and leagues on transfer market issues
and commercial opportunities. This new regulatory framework broadly regulated this profession at
international level but it is highly fragmented and diversified at national level.This situation provides
discrepancies and inconsistencies as intermediaries can operate in their country of origin but,at the
same time,find regulatory limitations or hurdles to operate in other countries where they find more
stringent regulations for their profession.At the moment, this heterogeneity of regulations represents
the biggest challenge and it implies that this reform is far from being complete and perfect.
In relation with the FIFA RWI, it is also the increasing market power of the so-called super
agents and intermediaries.We are assisting a superstars’ effect in the market of intermediaries,
wherein a few are strengthening their market position and domination through the leverage of
their networks towards new business services and new markets.A ban on TPE is now current
and ratified by FIFA, which controls every transfer through the TMS. However, it is hard to
support that this ban is enough to limit the diffusion of this practice that leverages the influence
of super agents within the transfer market. It is still early stage to assess whether the increasing
power of super agents might create further market inefficiencies and integrity issues, but this
represents an interesting topic that researchers might look at in the future.
Finally, the new FIFA RWI provides more transparency and, alongside theTMS, more information
is now available regarding who the intermediaries are that are currently operating in the
market and how much clubs remunerate them for their transfer market service. As clubs and
players are required to be more responsible for allowing intermediaries to act on their behalves
during the same transfer negotiations, i.e. double representation, this represents an opportunity
for football stakeholders to be more aware of football intermediaries.
Note
1	 This refers to the habit or tendency to facilitate a transfer deal using a secret financial incentive that is
unauthorised and undisclosed to a club manager or any other decision maker within a football club.
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Giambattista Rossi
References
Amit R. and Schoemaker, P. (1993) Strategic assets and organizational rent. Strategic Management Journal.
14(1), pp. 33–46.
Banks, S. (2002) Going down: Football in crisis. Edinburgh: Mainstream Publishing.
Barney, J. B. (1991) Firm resources and sustained competitive advantage. Journal of Management.Vol. 17(1),
pp. 99–120.
Bellia, O. (2016) FIFA Regulations on Working with Intermediaries. Analysis from the perspective of
the clubs. In: Colucci, M. (eds), The FIFA Regulations on Working with Intermediaries: Implementation at
National Level. 2nd Edition. Salerno: Sports Law and Policy Centre, pp. 57–66.
Bower, T. (2007) Broken Dreams: The Definitive Exposé of British Football Corruption (updated version).
London: Pocket Books.
Caliendo,A. (2012) Nessuno prima di me. L’evoluzione del calcio e del procuratore sportivo. Milan: Libreria dello
Sport.
Canovi,D.and Mazzocchi,G.(2011) Lo Stalliere del re.Fatti e misfatti di 30 anni di calcio.Milan:Dalai Editore.
Carter, N. (2006) The Football Manager:A history. London: Routledge.
Davis,T. (2007) United States. In: Siekman, R.C.R., Parrish, R., Martins, R.B. and Soek, J. (eds), Players’
AgentsWorldwide: Legal Aspects.The Hague:T.M.C.Asser Press, pp. 655–92.
Deloitte (2017) Deloitte Annual Review of Football Finance, 26th Edition. Manchester: Deloitte.
Dubey, J. P. (2000) La libre circulation des sportifs en Europe. Bern: Staempfli.
FIFA TMS (2017) GlobalTransfer Market Report 2017. Zurich: FIFA.
Foot, J. (2006) Calcio:A History of Italian Football. London: Fourth Estate.
Frenkiel,S.(2014) Une histoire des agents sportifs en France:Les impré sarios du football (1979–2014).Neuchâ tel:
Editions CIES.
Gouget, J.J. and Primault, D. (2006) Les agents dans le sport professionnel: analyse é conomique. Revue
Juridique et É conomique du Sport. 81, 7–44.
Harding, J. (2004) It was my agent’s idea.WSCWhen Saturday Comes [online]. 4 February 2004.Available
from: http://www.wsc.co.uk/the-archive/102-Agents/2193-it-was-my-agents-idea [Accessed 1 May
2014].
Heitner, D. (2016) Wasserman adds 60 soccer clients through acquisition of Mondial Partners. Forbes
[online]. Available from: https://www.forbes.com/sites/darrenheitner/2016/07/27/wassermans-
acquisition-of-mondial-adds-1-billion-in-soccer-contracts-under-management/#4780ea436501
[accessed 21 November 2017].
Helyar, J. (1994) Lords of the Realm:The Real History of Baseball. NewYork:Villard.
KEA, CDES and EOSE (2009) Study on sport agents in the European Union. Brussels: Sport EC.
King, L. (1994) Remembrances of Bob Woolf, America’s first sport agent. Jeffrey S. Moorad Sports Law
Journal. 1(1), 3–5.
Lanfranchi, P. and Taylor, M. (2001) Moving with the Ball:The Migration of Professional Footballers. Oxford:
Berg.
Lombardi, P. (2016) The FIFA Regulations on Working with Intermediaries. In: Colucci, M. (eds), The
FIFA Regulations on Working with Intermediaries: Implementation at National Level. 2nd Edition. Salerno:
Sports Law and Policy Centre, pp. 23–40.
Long, M. (2013) Wasserman expands European soccer practices. SportsPro [online].Available from: www.
sportspromedia.com/movers_and_shakers/wasserman_expands_european_soccer_practice [accessed
25 May 2015].
Magee, J. (2002) Shifting power balances of power in the new football economy. In: Sugden, J. and
Tomlinson,A. (eds), Power Games:A Critical Sociology of Sport. London: Routledge, pp. 216–39.
Martins, R. (2016) FIFA Regulations on working with intermediaries:An analysis and opinion from the
intermediaries’ perspective. In: Colucci, M. (eds), The FIFA Regulations on Working with Intermediaries:
Implementation at National Level. 2nd Edition. Salerno: Sports Law and Policy Centre, pp. 41–56.
Marzola, P. (1981) Il Mercato del lavoro negli sports professionistici di squadra. Ferrara: Editrice Universitaria.
Marque, A. (2012) Contrô le de l’activité d’agent sportif. In: Karaquillo, J. P. and Lagarde, F. (eds), Agent
sportif. Paris: Juris É ditions, pp. 38–47.
Martins, R.B. (2008) European Football Agents Association wants to end malpractice in the international
transfer of players. The International Sports Law Journal. 1-2, 96–99.
Marzola, P. (1981) Il Mercato del lavoro negli sports professionistici di squadra. Ferrara: Editrice Universitaria.
Marzola, P. (1990) L’industria del calcio. Roma: La Nuova Italia Scientifica.
TNFUK_11_RHFB_C011_docbook_indd.indd 142 9/19/2018 10:48:38 PM
143
Agents and intermediaries
Minguella, J. M. (2008) Quasi tota la veritat. Barcelona: Base.
McGovern, P. (2002) Globalization or internationalization? Foreign footballers in the English League,
1946-95. Sociology. 36(1), 23–42.
Pinna,A. (2006)The international supply of sport agent services. International Sports Law Journal. 1–2, 20–7.
Poli, R. (2010a) Agents and intermediaries. In: Hamil, S. and Chadwick, S. (eds) Managing Football: An
International Perspective. Oxford: Elsevier Butterworth-Heinemann, pp. 201–16.
Poli, R. (2010b) Understanding globalisation through football:The new international division of labour,
migratory channels and transnational trade circuits. International Review for the Sociology of Sport. 45(4),
491–506.
Poli, R. (2010c) Le marché des footballeurs: Reseaux et circuitsdans l’é conomie globale. Bern: Peter Lang.
Roderick, M. (2001) The role of agents in professional football, Singer and Friedlander’s Review 2000-01
Season.
Rossi, G., Semens,A., and Brocard, J.F. (2016) Sports Agents and Labour Markets: Evidence from world football.
London: Routledge.
Russo, P. (2014) Gol di rapina: il lato oscuro del calcio globale. Firenze: Edizioni Clichy.
Rosner, S. R. (2004) Conflicts of interests and the shifting paradigm of athlete representation. UCLA
Entertainment Law Review. 11(2), 193–245.
Ruxin, R. (1993) An Athlete’s Guide to Agents. Sudbury: Jones and Bartlett Publishers.
Semens, A. (2012) Bridge, Gate keepers, negotiator: The sport agent as entrepreneur. In: Ciletti, D and
Chadwick, S. (eds), Sports Entrepreneurship: Theory and Practice. Morgantown: Fitness Information
Technology, pp. 81–95.
Szymanski, S. and Kuypers,T. (1999) Winners and Losers. London: Penguin Books.
Taylor, M. (1999) No big deal.WSC When Saturday Comes [online], 14 November 1999.Available from:
http://www.wsc.co.uk/the-archive/102-Agents/4042-no-big-deal [Accessed 18 June 2013].
Taylor, M. (2002)Work and play:The professional footballer in England c. 1900–1950. The Sports Historian.
22(1),16–43.
Taylor,M.(2005) The leaguers – the making of professional football in England,1900–1939.Liverpool:Liverpool
University Press.
Taylor, M. (2006) Global players? Football migration and globalization, c. 1930-2000. Historical Social
Research. 31(6), 7–30.
Van Megen,W. (2016) FIFA Regulations on Working with Intermediaries.The Players’ point of view. In:
Colucci, M. (eds), The FIFA Regulations on Working with Intermediaries: Implementation at National Level.
2nd Edition. Salerno: Sports Law and Policy Centre, pp. 67–74.
Wahl, A.and Lanfranchi,P.(1995) Les footballeurs franç ais des anné es trente à nos jours.Paris:LaVie Quotidienne
Actuelle, Hachette.
Widdop, P., Parnell, D., and Ashgar,T. (2016) The networked rise and power of the football Super-Agent.
The Football Collective – Bringing critical debate to our game [online], 27 September 2016.Available
from: https://footballcollective.org.uk/2016/09/27/the-networked-rise-and-power-of-the-footballsuper-agent/
[Accessed 11 November 2017].
Wild, D. (2003) Agents net £ 50m from football.Accountancy Age [online], 20 November 2003.Available
from: http://www.accountancyage.com/aa/news/1752064/agents-net-gbp50m-football [Accessed 8
April 2013].
WMG (2013) Wasserman expands football division. WMG [online]. Available from: www.wmgllc.com/
wasserman-expands-football-division/ [Accessed 25 May 2015].
WMG (2014)Wasserman acquires Dutch football agency Sport-Promotion.WMG [online].Available from:
www.wmgllc.com/wasserman-acquires-football-agency-sport-promotion/ [Accessed 25 May 2015].
TNFUK_11_RHFB_C011_docbook_indd.indd 143 9/19/2018 10:48:38 PM