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Positive Optimism - Saudi Takeover Edition


Jinky Jim

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6 hours ago, Abacus said:

I'm not sure it would really mean anything. The PL were trying to argue that the courts had no jurisdiction in an anti-competition claim, if i've understood it correctly. I may well not have.

 

If they do have the authority to look at the claim, then the challenge can go ahead, but it says nothing about the strength of the actual case on either side.

 

The positive would be, if that rumour was true, that the PL don't get to pick the judges in this one, unlike with the arbitration.

The PL will be arguing that if they win the Arbitration case then the CAT will have no jurisdiction.  It's basically saying that deciding the CAT before the Arbitration determination is putting the cart before the horse and I think they have a valid point!

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12 minutes ago, Ankles Bennett said:

The PL will be arguing that if they win the Arbitration case then the CAT will have no jurisdiction.  It's basically saying that deciding the CAT before the Arbitration determination is putting the cart before the horse and I think they have a valid point!

How so? The arbitration is to decide if the PL were adhering to there own O&D test in insisting that the KSA are a shadow director, the CAT is because Ashley believes that he was blocked from selling the club because of undue influence in the PL by the greedy 6 and Bein sports, what was stoping competition in the league, they are 2 totally different things 

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13 minutes ago, Ankles Bennett said:

The PL will be arguing that if they win the Arbitration case then the CAT will have no jurisdiction.  It's basically saying that deciding the CAT before the Arbitration determination is putting the cart before the horse and I think they have a valid point!

 

But the arbitration will probably be finished by August, the CAT case won't be decided until a long time after that. Also, even if the club lose the arbitration, if there is evidence that there was an anti competitive influence in the way they handled the process there could still be a case for the PL to answer.

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6 minutes ago, nufcnick said:

How so? The arbitration is to decide if the PL were adhering to there own O&D test in insisting that the KSA are a shadow director, the CAT is because Ashley believes that he was blocked from selling the club because of undue influence in the PL by the greedy 6 and Bein sports, what was stoping competition in the league, they are 2 totally different things 

If Arbitration finds the PL followed their own rules correctly and that ksa could be regarded as an undisclosed director, then there is no issue of a breach of competition law.  It follows that regardless of when the CAT case is heard the CAT has no jurisdiction.  The sensible course is the CAT judge will adjourn the CAT hearing including any disclosure until after the Arbitration hearing is determined one way or another.

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1 minute ago, Ankles Bennett said:

If Arbitration finds the PL followed their own rules correctly and that ksa could be regarded as an undisclosed director, then there is no issue of a breach of competition law.  It follows that regardless of when the CAT case is heard the CAT has no jurisdiction.  The sensible course is the CAT judge will adjourn the CAT hearing including any disclosure until after the Arbitration hearing is determined one way or another.

That still doesn’t allow clubs and outside broadcasters to interfere and try and block the take over, which is a clear breach of competition. 

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33 minutes ago, nufcnick said:

That still doesn’t allow clubs and outside broadcasters to interfere and try and block the take over, which is a clear breach of competition. 

But if Arbitration finds the EPL implemented their own rules correctly, even if they did take into account evidence put before them by Bein and the "big six" before reaching their determination,  there is categorically no grounds to support jurisdiction for a CAT hearing!!!

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7 minutes ago, Ankles Bennett said:

But if Arbitration finds the EPL implemented their own rules correctly, even if they did take into account evidence put before them by Bein and the "big six" before reaching their determination,  there is categorically no grounds to support jurisdiction for a CAT hearing!!!

 

Does it then become about their rules are unlawful if they are deemed anti-competition?

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16 minutes ago, Ankles Bennett said:

But if Arbitration finds the EPL implemented their own rules correctly, even if they did take into account evidence put before them by Bein and the "big six" before reaching their determination,  there is categorically no grounds to support jurisdiction for a CAT hearing!!!


you cannot communicate/facilitate/scheme with outside parties not involved in a confidential and NDA takeover application. That is totally against competition law before any rules are even considered. Ashley’s legal team are alleged to have the supporting evidence that the involvement of outside parties is clear, As such, if this evidence is available and implicates the involvement of these outside parties, then it certainly does 100% justify this CAT case. 

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1 minute ago, Hhtoon said:

 

Does it then become about their rules are unlawful if they are deemed anti-competition?

Interesting point but no.  The epl clubs have all signed up to follow the epl rules.  Our case is the interpretation of those rules.  E.G in legislation if it says "MAY",  implement certan legislation in reaching a decision the decision maker has "discretion" in making their determination.  However if it says "SHALL" then the decision maker has no discretion and must implement the legislation!!!

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1 hour ago, Ankles Bennett said:

Interesting point but no.  The epl clubs have all signed up to follow the epl rules.  Our case is the interpretation of those rules.  E.G in legislation if it says "MAY",  implement certan legislation in reaching a decision the decision maker has "discretion" in making their determination.  However if it says "SHALL" then the decision maker has no discretion and must implement the legislation!!!

 

And does it say 'May' or 'Shall' in their rules?

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1 hour ago, Ankles Bennett said:

Interesting point but no.  The epl clubs have all signed up to follow the epl rules.  Our case is the interpretation of those rules.  E.G in legislation if it says "MAY",  implement certan legislation in reaching a decision the decision maker has "discretion" in making their determination.  However if it says "SHALL" then the decision maker has no discretion and must implement the legislation!!!

 

Ironic example since the PL's rules state that within five Working Days of receipt of declaration of a new director the Board shall confirm to the Club whether or not he is liable to be disqualified as a Director under the provisions in Rule F.1.

 

Irrespective of whether the (non)decision stands up at arbitration the fact that the PL didn't properly follow the process set out in their rules, if combined with evidence of anti-competitive influence, might still result in there being a case for the PL to answer.

 

I think it's possible the CAT could also determine that the rules themselves, in particular the incredibly broad definition of control, are anti-competitive.

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3 minutes ago, mighty__mag said:

Who is this mouth of the Tyne supposed to be? Is it more Twitter fame hunger, or actually reliable. 

The clue is in the name, shows the power of social media and misinformation.  It was mentioned on one message board and has become almost accepted fact in 24 hours   

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