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The introduction of a new football regulator in England is set to bring significant changes to the governance of clubs across the top five tiers. The regulator will implement a licensing system to ensure that clubs operate sustainably and remain accountable to their fans. However, the initiative is not without its challenges, as it must be prepared to face potential legal disputes from clubs and their legal representatives.
Kogan said: “Every decision that is taken as a consequence of this (Football Governance Bill) by the regulator is going to have a multitude, no doubt, of potentially litigious clubs and lawyers looking at what we do. So we have to be absolutely watertight in what we do, but clearly we may have to bear costs of legal actions that we can’t forecast. You have to prepare for the worst. ‘Prepare for the worst’ in this instance will be there are very wealthy clubs, there is a very wealthy league. The regulator has to be geared up for legal challenge, and the way it does that is by doing its work properly and going through the full accountability process, by being as watertight as it can about what it’s seeking to do. And then, if you get legal challenge, you have to have the financing to be able to meet that legal challenge.”
The regulator will also have the authority to impose a financial settlement between the Premier League and the EFL regarding the distribution of television revenue if the two leagues cannot reach an agreement independently. Kogan, who has extensive experience in negotiating TV deals, expressed optimism that rational thinking would prevail in these negotiations.
Kogan said: “People talk about the ‘nuclear option’ of the backstop. Actually, I prefer to think of it more of a sort of tactical weapon. You don’t use nuclear options, because if you do – well, you all die. I see (the backstop) as a tactical weapon, but it is one I would urge the world of football not to invoke. We have got time. There is probably at least a year where there is time for the world of football to agree (a deal) among themselves, and the more they agree among themselves, the less we have to be involved, I think the better.”
Kogan emphasized the importance of including parachute payments in the ‘State of the Game’ review, which examines football’s financial flows. He believes that any analysis excluding these payments would be incomplete and that they are crucial to future distribution arrangements between the Premier League and the EFL.
Kogan said: “They’re also relevant, I assume, to any future relationship between the Premier League and the EFL over any future distribution arrangements. So you absolutely have to include them as part of the analysis.”
Kogan envisions the regulator as an asset to the game, offering support to clubs rather than acting as an enforcer. He faces political scrutiny following revelations of his donations to political campaigns, but Labour has defended his selection, highlighting bipartisan support for his role.
