CAS Upholds Legality of FIFA Football Agent Regulations

Through a media release dated July 24, 2023, the Federation Internationale de Football Association (FIFA) welcomed the decision of the Court of Arbitration for Sport (CAS) upholding the legality of the FIFA Football Agents Regulations (FFAR), which the FIFA Council approved in December 2022.

The claimant, Professional Football Agents Association (PROFAA), a Switzerland-based association challenged the legality of these regulations. It was contended that the introduction of a mandatory cap on service charges, differentiating the percentage of the applicable ceiling according to the parties involved, limiting the exercise of agent activities to licensed agents, etc. violated Swiss competition law. The claimant also argued that the said provisions violated the agents’ personality rights under Article 28 of the Swiss Civil Code, specifically the right to development and economic fulfilment.

The Panel observed that the concerned shareholders were involved in the consultation process before the regulations were approved. It was also noted that the regulations seek to avoid conflicts of interest and align the interests of football agents with those of their clients.

After an in-depth legal assessment, the CAS held that FIFA justified the need to regulate football agent services and dismissed the PROFAA’s claims in their entirety.

FIFA believes that this ruling will provide legal assurance to the stakeholders on the integrity of the football agent regulatory framework.