This study analyses the legal and statutory environment for investments in football clubs in Germany, as opposed to the situation in England. Whereas German regulations limit the acquisition of shares of football clubs, the legal framework is much more liberal in England. The paper looks at the potential conflicts of interest involved with club ownership issues as well as at the arguments for and against the German '50 plus 1' rule and how this rule may cause a shortfall in competitiveness as compared to English football. Finally, the study looks at doubts over the lawfulness of the rule in relation to European antitrust legislation and doubts over its effectiveness concerning legal loopholes provided by German corporation law. The paper relied predominantly on the analysis of literature concerning the regulation of club ownership in England and Germany, whereas a significant amount of German literature was used. Essentially, the research found that there is reason for severe scepticism about both the lawfulness and the effectiveness of the '50 plus 1' rule. It would probably not bear up against a test before the European Court of Justice. There are several opportunities in German corporate law to circumvent the rule. Finally, the paper urges the German Football Association (DFB) to consider a softening of the regulations currently in place, and effective modifications of the underlying licensing system, respectively, as well as the introduction of supporters’ trusts and fit and proper person tests. Finally, the paper claims that competitive balance on a European club level can only be restored if club ownership issues are resolved on a European level.

Master's Thesis from the year 2008 in the subject Sport - Sport History, grade: distinction, The University of Liverpool, 87 entries in the bibliography, language: English, abstract: This piece of work analyses the legal and statutory environment for investments in football clubs in Germany, as opposed to the situation in England. Whereas German regulations limit the acquisition of shares of football clubs, the legal framework is much more liberal in England. The paper looks at the potential conflicts of interest involved with club ownership issues as well as at the arguments for and against the German "50 plus 1" rule and how this rule may cause a shortfall in competitiveness as compared to English football. Finally, the dissertation looks at doubts over the lawfulness of the rule in relation to European antitrust legislation and doubts over its effectiveness concerning legal loopholes provided by German corporation law. The paper relied predominantly on the analysis of literature concerning the regulation of club ownership in England and Germany, whereas a significant amount of German literature was used. Essentially, the research found that there is reason for severe scepticism about both the lawfulness and the effectiveness of the "50 plus 1" rule. It would probably not bear up against a test before the European Court of Justice. There are several opportunities in German corporate law to circumvent the rule. Finally, the paper urges the German Football Association (DFB) to consider a softening of the regulations currently in place, and effective modifications of the underlying licensing system, respectively, as well as the introduction of supporters' trusts and fit and proper person tests. Finally, the paper claims that competitive balance on a European club level can only be restored if club ownership issues are resolved on a European level.

Master's Thesis from the year 2009 in the subject Law - Civil / Private / Trade / Anti Trust Law / Business Law, grade: gut, Tilburg University (Faculty of Law), course: International Business Law, language: English, abstract: The ENIC judgement of the Court of Arbitration for Sports clarified in 1999 that the UEFA regulations on multi-club ownership are necessary to maintain the integrity of football, in particular, the authenticity of results. Under the UEFA regulations, controlling interests in more than one club participating in a UEFA club competition are prohibited. However, it is not only multi-club ownership that may influence the so-called integrity of the game. Investments of clubs in other clubs (cross ownership) and shareholdings of "club-involved" persons in a club different from their own also raise issues. The following paper therefore examines the current regulations on those shareholdings for UEFA competitions (Champions' League and Europa League) and for national leagues in England, Spain, and Germany. The analysis provides a detailed overview of how the game's integrity is protected and shows whether improvements seem necessary.

While the field of football studies has produced an abundance of literature on professional, top-league football, there is little research output to do with the non-top level football. This book explores the relationship between the top and lower leagues, laying open the drastic schisms that exist between the different levels. The study links the developments at the top level of English and German football in the past 30 years to transformational processes in lower league football. Illustrating how the hegemonic status of top football weighs hard on the spheres below, it depicts how it also serves as a blueprint for lower league football clubs’ strategies in coping with a threefold dilemma of institutional legitimacy that shows itself in economic, cultural and social dimensions. Taking the different club structures in both national contexts as a starting point, it portrays both the efficacy of institutional frameworks and how these can be challenged from below. This research will be of interest to students and scholars across football studies, sports studies, the sociology of sport, and organisation studies.

Economics tends to teach that developed countries have good institutions while developing countries do not, and that this is the factor that constrains the latter's growth. However, the picture is far messier than this explanation suggests. Building on the varieties of capitalism framework, this book brings together the tools of institutional economics with historical analyses of institutional evolution of different kinds of property rights and legal systems, protected by different kinds of state, giving rise to distinct corporate governance structures. It constructs institutional development histories across leading liberal capitalisms in Britain and the United States, compared with continental capitalisms in France and Germany, and contemporary transitional capitalisms in China and Tanzania. This volume is innovative in combining both historical and economic insights, and in combining developed country with developing country institutional emergence, dispelling the prevailing sense of complacency about the inevitability of the path of institutional development for the developed areas of the world and the paths that developing countries are likely to follow. This volume will be of great importance to those who study international economics, development economics and international business.

The commercialization of sport since the 1990s has had a number of consequences. The market forces that have defined commercialization, notably pay-per-view television, whilst initially welcomed as important new sources of revenue, have also had the unanticipated consequences of de-stabilizing many sporting competitions and institutions, undermining the financial future of clubs in their traditional role as key social and cultural institutions. This has been manifested in the paradox of chronic financial loss-making amongst professional sports’ clubs in an era of exponential revenue growth, a trend exemplified by the experience of Italy’s Series A and the English Premier League – both cases examined in detail in this book. But, at the same time, some traditional sporting organizations have sought with some success, to chart a middle way, retaining traditional sporting movement objectives whilst also embracing a form of commercialism. The Gaelic Athletic Association in Ireland, the supporter-owned FC Barcelona football club, and New Zealand rugby union, offer illustrative examples of such strategies examined in detail. This book explores the background to this clash of commercial and traditional sporting objectives, and debates the consequences for wider sports governance. This book was published as a special issue of Soccer and Society.

The Routledge Handbook of Sport Governance is a comprehensive and authoritative survey of the wide range of issues shaping sport governance. It considers the evolution of the sport industry from a largely amateur, volunteer-driven sector into the globalised business that it is today and examines how professionalisation has fundamentally shifted the governance landscape for sport organisations and all those working within sport. Written by a team of leading sport management scholars from around the world, the book is organised around five key themes: Part I: Overview of sport governance Part II: Environmental context and policy perspectives Part III: Ownership structures and governance models: Implications for sport governance Part IV: Board roles in the governance process Part V: Future sport governance challenges Each chapter reviews the most recent research available and, in some cases, presents new data to support previously published studies. As sport governance is a relatively young field, each chapter maps future research needs to provide direction for sport governance scholars. A special feature of the handbook is a series of nine shorter research chapters in Part IV examining board roles in the governance process, tying theory to the day-to-day practical aspects of running a sport organisation. With broader and deeper coverage of the key issues in contemporary sport governance than any other book, this handbook is essential reading for students, researchers and practitioners in sport business and management.