Manchester City Fans Should Expect Another FFP Investigation – Part 1

This week has seen the German Magazine Der Spiegel publish a four part story based on stolen emails supplied by Football Leaks concerning Manchester City.

Manchester City have so far not commented in any detail other than to say they will not comment upon materials taken out of context. This approach taken by the Club has not really satisfied the Manchester City fans who have also been under considerable attack in some parts of the press this week. Fans clamour for a robust and public defence, but such a tactic may not be on the agenda at all.

The extent of the allegations have left a bitter taste in the mouth of all football fans, but for different reasons. City fans point to this all being part of a continued battle with football authorities, run by the established elite of football clubs who have sought to limit the power and influence of the ‘newly rich’ clubs like Manchester City and PSG. Some of the background to this has been discussed here.

Manchester City fans have tended to dismiss many of the allegations on the basis that the system itself – FFP – was illegal. That is not the case. FFP is legal. The extent to which the elements around restricting competition and owner investment are not fully compliant with EU Law have not really been tested in relation to the exact areas troubling Manchester City. But that is just a distraction; a further complication.

Fundamentally, the legality of FFP is a red herring. If City are choosing to play in a competition then they are accepting the rules. There has been a lot of moralising about this in the Press, and remember Liverpool would have failed some of the FFP arrangements back in 2014 had they been in the competition. But again, even the moralistic arguments are a red herring. If you are caught speeding then its not a defence to point out everyone else is also speeding.

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City fans in particular have been disappointed with certain journalists and parts of the English press in the way in which they believe the allegations have been covered. Fans think much of the press is run by unbridled fan boys of certain large clubs such as Manchester United and Liverpool and that rather than countering the allegations or investigating them, have simply seized upon the opportunity to secure tribalistic points.

The allegations tended to run out of steam over the course of the four day release, in part because there did not appear to be sufficient material to fill so many pages in the magazine. However the stories they did cover have generated enough debate in the football world and the wider press for it to be inconceivable if there is no further action from any of the various governing bodies in the sport of football.

I know there has been much debate about this, but despite the emails being potentially illegally obtained, they can be published and potentially be part of any evidence against City. The extent to which the emails would come into play would ultimately depend upon which if any Court the matter ended up in. Because if the emails exist, then its unclear to me who took them and where from. Of course in order for any of this to happen, there has to be a complaint and some evidence provided to who ever is going to investigate.

The difficulty though is entirely in establishing how and when any further investigation can take place – on what legal basis and under whose authority. Is there jurisdiction for UEFA? FIFA? The Premier League? The European Union?