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player contracts italys serie b salary cap analysis italian footballs serie b introduce salary cap player wages during 2013/14 season
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!>C1'(I?!+ @ound+ international anti,doping syste# is failing *:$ $:@IC+ @re#ier 1eague 5inancial 5air @lay Aegulations Inter&iew wit" 6ra"a# %rt"ur) 'B %nti,Coping Cirector of 1egal Inter&iew wit" %ndy @arkinson) C"ief !4ecuti&e of 'B %nti,Coping Inter&iew wit" Aic"ard 8c1aren) %rbitrator at t"e Court of %rbitration for (port Inter&iew+ 8a4i#e ?er"agen) Cutc" 8inister for !cono#ic %ffairs) Inno&ation and %griculture 'B+ 1egal (er&ices %ct+ w"at it #eans for t"e legal industry
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Player Contracts: Italys Serie B salary cap: analysis | world sports law report | the n... Pagina 2 di 2
makes it difficult to justify countermeasures like those of the UEFA Financial Fair Play model, which ultimately inhibit overspending. owever, the !erie " is going in a different direction by simply avoiding funding of e#tra player wages through the !erie A mutuality contribution. $hereas one could argue that there is no unanimous opinion about what constitutes an e#orbitant %i.e. generally and medium&term unaffordable' salary, the salary cap was set by a unanimous decision of the !erie " clubs, through the (eague)s general assembly and was not found to be unreasonable by the Players) Union. *oreover, the (eague has acknowledged management best practice, by stipulating that the salary cap does not operate if, notwithstanding one or more above& cap contracts, the club)s overall wage e#penditure remains within +,- of total revenues. .he !alary /ap has been set at 012,,,,, gross per annum and it comprises playing contract wages, benefits and travel allowances above 012,,,, p.a. as well as any compensation under ancillary agreements, including image e#ploitation, advertising and promotions, consideration for options and rights of first refusal. As one can easily imagine, in order for the !alary /ap rules to be effective, interpretation issues and anti&avoidance schemes had to be considered. .he real challenge was that of creating a set of rules that are e#haustive, but not overabundant and e#cessively complicated. $ithout going into too much detail, most of the problematic aspects of the 3egulation will be mentioned below. .o begin with, bonuses could not be disallowed and had to be counted towards the /ap, to avoid contingent remuneration becoming an obvious escape %e.g. 01,,,,,, upon playing the second match'. .his was achieved through the categorisation and limitation of bonuses, which would not count towards the cap if they fall within such categories and limitations. "onuses have been divided into those dependant on individual performance and those dependant on the team)s performance. Each group includes a pre&defined set of bonuses. "onuses so classified are e#cluded from the !alary /ap up to 042,,,, per group, which means an aggregate of 012,,,,, pri5e money is allowed outside of the !alary /ap. Any other pri5e money that is potentially payable to a Player is counted towards the /ap, irrespective of its achievement and payment. Player contracts entered into prior to the introduction of the 3egulation are e#empted, as are the contracts of clubs promoted or relegated to !erie ". owever, the !alary /ap will apply to renewals thereof, unless such renewals entail a wage reduction of at least 6,-. 7f contracts are signed during the season which result in a less than a twelve&month term, the salary cap will be proportionally reduced, however, contracts signed until the end of the summer transfer window will all be subject to the entire 012,,,,, cap, regardless of the date of e#ecution. *utuality funds deducted from overspending clubs will be earmarked to finance youth and social projects. .he 3egulation is brand new and up for testing in the real world. 8nly time will tell if !erie ")s breakthrough will indeed foster stability and savvy management of %limited' club resources. Agents and the Players Association are not hostile to the e#periment in the hope that it will improve the economic outlook of 7talian second tier professional football and its workforce.
Luca Ferrari Partner CBA Studio Legale e Tributario, Milan Legal Advisor to the Lega Nazionale Profesionisti Serie B luca.ferrari cbale!.co"
(uca will be speaking about !erie ")s salary cap at $orld !ports (aw 3eport)s Player /ontracts conference 9,16, which takes place in (ondon on 11 :uly. For more information, visit www.cecileparkconferences.com;player&contracts&9,16
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