Football Agents & Tapping Up: Business As Usual

We could all agree that the increasing commercialisation of sport gives rise to a number of opportunities for a quick profit. Football is not different and its commodification and enormous commercial value have created the basis upon which quick deals could be established and millions of pounds could be exchanged between different parties. The  purposeful and efficient application of the regulatory framework could ensure the elimination of illegal and immoral activities such as 'tapping up'. But is such application always an appropriate deterrent?

We have had the opportunity to advise a number of football agents in the last 18 months, as well as football players, who had been involved in a number of complicated contractual disputes. The majority of these disputes related to severe contractual breaches, upon which thousands of pounds of damages formed the  basis for such claims.

The examination of the facts and evidence in such cases, demonstrated that those involved in commercial transactions, do not always follow their rights and obligations that derive from the relevant agreements. The profit is quick and easy and the promises that accompany such profit are even quicker and easier. Temptation is always present and the most inexperienced and vulnerable parties are always the ones to make serious errors of judgement.

This became evident in a case we were instructed to present before the relevant Tribunal of The FA, a few months ago and which involved a major English club, a football player and a football agent. We acted for the agent on allegations of a breach of a representation agreement by the player. The examination of the evidence demonstrated that the player was 'approached', without authorisation, by two other agents,  who persuaded the player [in the knowledge of the club], to move and terminate his representation agreement, with his agent, by breach.

This is, we argue, something which occurs quite often and, unfortunately, it will continue to occur as long as there are people in the business who are prepared to take their chances. A regulatory framework is in place and it incorporates severe sanctions for those who attempt to break the rules and/or the law. The FA has also put in place a comprehensive system which regulates such activities, but The FA needs to apply a more pro-active approach in the regulation of such activities and ensure that football agents, who brake the rules, are dealt with appropriately and not just leniently. 

We would encourage those, who are the victims of 'tapping', to enforce their rights, either via The FA or through the assistance of lawyers with an expertise in this area of sports law. We would be surprised if one could provide evidence that 'tapping up' does not occur in football. We are not suggesting that such activity is prevalent, but it certainly exists, particularly when the opportunity for a quick and easy profit presents itself. The sheer volume of briefs and/or complaints before us certainly demonstrate the validity of our arguments.

We conclude, therefore, that such activity could be eliminated from the world of football when all stakeholders decide to condemn such activity. Above all, the sporting governing body needs to ensure that contractual stability is observed and the image of sport is protected, through the application of the relevant rules. The message needs to be sent and be made clear that 'tapping up' is wrong, immoral and it offends against fairness and justice in football.

Dr. Gregory Ioannidis

9 August 2012