Really have to hope that the CAT case doesn’t get thrown out. It won’t. That when the case happens (if it does eventually) that the case is also live so that that stuff comes out. But there is cause for concern from me that the PL will negotiate with CAT that the content is sooooooo sensitive that it will be behind closed doors. That’s my concern.
That's already been tried, and failed and PL were told by CAT that's now how they operate, its all in the open.
Seems logical. CAT is more exposing and evidence can’t be hidden. Lies come out. The public get to know. Arbitration was always going to be a closed shop. You wonder whether than plan all along was get CAT before ARB.
Possibly, but it’s also an opportunity for them the clear the decks and get promoted with the right squad and a years preparation in a lower league to build momentum might not be a bad thing.
All very good however all very one sided. NUFC will have to prove wrong doing. That the PL denied them an opportunity. Which should be straight forward enough. But the PL will have evidence for their actions. Some of it might have been bullshit at the time but it will have been beefed up. The final concern I have is if it passes Jurisdiction and the PL don’t fold then we should be worried.
That makes me unsure. If it goes down to a full blown job that means the PL have not folded and that scares me. If they don’t fold of juri falls in our favour then that means they have evidence.
It is what it is mate. It's a better position to be in the if this saga never happened. People seem unable to comprehend that
The way I understand it is CAT operate in an open and transparent fashion as it is normally cases with regards to anti-competitive behaviour which suggests that behind closed door deals and agreements have been struck. By holding these cases in an open and transparent fashion it ensures they are not viewed in the same light.
Again, my understanding is this isn't the case. The club (or in this case St James' Holdings) have already submitted their evidence to CAT to get the case this far. The CAT have obviously agreed with St James' Holdings that they have a case and the PL are simply trying to avoid the case by saying CAT have no authority to deal with the case as they operate through Arbitration for premier league clubs. The fact that BEin Sports have a vested interest in this - money at stake as a premier league partner, and they lobbied against the takeover by writing to every other premier league club against Saudi is evidence enough for the case. The PL now have to prove that they and every other premier league club acted in the correct and legal manner by replying to BEin and informing them that their actions were anti-competitive and against the law. Failure to notify BEin that their actions were wrong through legal channels would be grounds to prove anti-competitive behaviour. That's 1 instance and I believe there is at least another half dozen points and that is before disclosure even takes place - I think its the disclosure part that has the PL running scared.
That’s fair enough. It’s just the issue surrounding it sucks in evidence and other information to get to the final judgement which is completely unrelated. For example any reference to the ESL is technically speaking a complete different bag. But will also prove the PL had knowledge of it. See my point?
It’s almost (for the PL) virtually impossible to prove they acted within the boundaries (basically because they didn’t). I just don’t see this being as cut and dry as people think. If CAT is going to expose everything and the PL actually proceed to the actual hearing that in itself proves to me they have evidence or they would just fold……
The PL are trying to avoid disclosure. That will come if CAT goes ahead. That will be the point at which they fold.
The ESL thing was just a bonus - the wheels were in motion on the CAT case before the ESL thing broke. However during the disclosure part - where NDA's etc are out the window with regards CAT - imagine the **** storm that will happen if NUFC's lawyers find evidence that the PL big wigs knew all along about the ESL plans and were in cahoots with the six - Utter chaos ensues and I guarantee at that point the PL will lose its self governance which it cherishes so much. The fact that hairy hands was openly tweeting about how his good mate Garry Hoffman would stop this deal on behalf on BEin sports and then months later deleted all those related tweets tells you how worried they are.
It's not as cut and dry as this. I don't believe for 1 second the CAT can order the PL to approve the Saudi sale. They can however make a huge example of them and fine them 10% of their global turn over (not profit) in addition to paying MIke the money he has lost. It's a game of poker - if the CAT case gets the thumbs up - will the PL buckle knowing all their dirty little secrets get out in the open? I'd be saying they buckle without a doubt. Their entire game plan has been delay, delay, delay hoping Saudi walk away as they knew they couldn't deny it or Mike would have had them in the courts before now.
One of their powers is to order an injunction to essentially say that legal separation exists rendering arbitration meaningless. That is the PL's argument - that be seeking an injunction Ashley is effectively using CAT and arbitration for the same thing under Rule 34.