Manchester City had challenged Premier League's APT rules last year. Reuters
Manchester City had challenged Premier League's APT rules last year. Reuters
Manchester City had challenged Premier League's APT rules last year. Reuters
Manchester City had challenged Premier League's APT rules last year. Reuters

Premier League rules on commercial deals declared ‘void’ by tribunal


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The Premier League's rules on commercial deals from 2021 to 2024 were declared "void and unenforceable" by a tribunal after a challenge by Manchester City.

Premier League champions City sued the organisation over its associated party transaction (APT) rules last year with a panel declaring three aspects of them unlawful in October.

The APT rules seek to ensure deals done between clubs and entities linked to their owners are for fair market value.

The Premier League said the October ruling required only discrete elements of the APT rules to be amended, which clubs duly voted to do a month later.

City's position in October was that the whole set of rules was void and that no changes should be made. Both sides sought clarification of the ruling from the original panel.

The tribunal's conclusion was reported by British media, including the BBC. It read: "In the first partial final award it was declared that the APT rules and amended APT rules were unlawful in three respects.

"There now arises for decision the question whether those three respects can be severed from the remaining APT rules so that those remaining APT rules are valid and enforceable.

"The three respects in which the APT rules and amended APT rules were unlawful cannot be severed with the result that the APT rules as a whole are void and unenforceable."

Manchester City have now also separately challenged November's amended rules, which is being heard by the same arbitration panel.

On that, the panel said: "However, there remains for decision (in the fresh arbitration commenced on January 2025) whether the November 2024 amended APT rules are valid and effective."

The decision is crucial for how commercial deals are governed in the future.

The Premier League said in a statement: "The tribunal's decision has found that the three narrow aspects of the old APT rules, previously found to be unlawful, cannot be separated from the rest of the previous rules as a matter of law. The result, the tribunal has determined, is that the previous APT rules, as a whole, are unenforceable.

"However, the previous APT rules are no longer in place, as clubs voted new APT rules into force in November 2024. This decision expressly does not impact the valid operation of the new rules.

"The league continues to believe that the new APT rules are valid and enforceable and is pressing for an expeditious resolution of this matter."

Uncertainty around the APT challenge was understood to be a factor in Premier League clubs deciding not to adopt new financial rules at a meeting on Thursday.

Instead, clubs will be governed by the existing profitability and sustainability rules (PSR) next season.

Mercer, the investment consulting arm of US services company Marsh & McLennan, expects its wealth division to at least double its assets under management (AUM) in the Middle East as wealth in the region continues to grow despite economic headwinds, a company official said.

Mercer Wealth, which globally has $160 billion in AUM, plans to boost its AUM in the region to $2-$3bn in the next 2-3 years from the present $1bn, said Yasir AbuShaban, a Dubai-based principal with Mercer Wealth.

Within the next two to three years, we are looking at reaching $2 to $3 billion as a conservative estimate and we do see an opportunity to do so,” said Mr AbuShaban.

Mercer does not directly make investments, but allocates clients’ money they have discretion to, to professional asset managers. They also provide advice to clients.

“We have buying power. We can negotiate on their (client’s) behalf with asset managers to provide them lower fees than they otherwise would have to get on their own,” he added.

Mercer Wealth’s clients include sovereign wealth funds, family offices, and insurance companies among others.

From its office in Dubai, Mercer also looks after Africa, India and Turkey, where they also see opportunity for growth.

Wealth creation in Middle East and Africa (MEA) grew 8.5 per cent to $8.1 trillion last year from $7.5tn in 2015, higher than last year’s global average of 6 per cent and the second-highest growth in a region after Asia-Pacific which grew 9.9 per cent, according to consultancy Boston Consulting Group (BCG). In the region, where wealth grew just 1.9 per cent in 2015 compared with 2014, a pickup in oil prices has helped in wealth generation.

BCG is forecasting MEA wealth will rise to $12tn by 2021, growing at an annual average of 8 per cent.

Drivers of wealth generation in the region will be split evenly between new wealth creation and growth of performance of existing assets, according to BCG.

Another general trend in the region is clients’ looking for a comprehensive approach to investing, according to Mr AbuShaban.

“Institutional investors or some of the families are seeing a slowdown in the available capital they have to invest and in that sense they are looking at optimizing the way they manage their portfolios and making sure they are not investing haphazardly and different parts of their investment are working together,” said Mr AbuShaban.

Some clients also have a higher appetite for risk, given the low interest-rate environment that does not provide enough yield for some institutional investors. These clients are keen to invest in illiquid assets, such as private equity and infrastructure.

“What we have seen is a desire for higher returns in what has been a low-return environment specifically in various fixed income or bonds,” he said.

“In this environment, we have seen a de facto increase in the risk that clients are taking in things like illiquid investments, private equity investments, infrastructure and private debt, those kind of investments were higher illiquidity results in incrementally higher returns.”

The Abu Dhabi Investment Authority, one of the largest sovereign wealth funds, said in its 2016 report that has gradually increased its exposure in direct private equity and private credit transactions, mainly in Asian markets and especially in China and India. The authority’s private equity department focused on structured equities owing to “their defensive characteristics.”

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Updated: February 15, 2025, 12:09 PM