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The Arena Journal

The Business of Sport

Athletes & Labour

The Agency Roll-Up: Who Owns the Representation Business

Player representation has consolidated from a cottage industry into a handful of capital-backed platforms. The conflicts this creates are structural, not incidental.

Joana FerreiraCorrespondent, Athletes & Labour · New York 25 August 2022 · 7 min read
A boardroom table

Photograph: Breather breather · CC0 · Wikimedia Commons

Athletes. A boardroom table. Illustrative photograph — not a depiction of the events described. Photograph: Breather breather · CC0 · Wikimedia Commons

Player representation was, until relatively recently, a fragmented business of individual practitioners with small client lists and long personal relationships. It is now a consolidated industry in which a small number of capital-backed platforms represent a very large share of the transfer value in major competitions, alongside adjacent businesses in events, media production, brand consulting and club advisory.

The consolidation logic is conventional and sound. Representation has high fixed costs — legal capability, financial planning, data and scouting infrastructure, international presence — that a sole practitioner cannot carry. Aggregating client lists spreads those costs, and a larger roster provides genuine negotiating leverage. Clients at the top of these agencies receive a materially better service than the industry could previously deliver.

The conflicts are structural

The difficulty is that the same consolidation creates conflicts that cannot be managed by disclosure, because they are inherent in the business model rather than incidental to particular transactions.

Share of top-division transfer value represented by the five largest agencies. Arena Journal graphic.

Consider an agency representing both parties to a transfer — the player moving and, through a separate mandate, the acquiring club’s recruitment function. Consider an agency representing a manager and simultaneously representing several players that manager selects. Consider an agency with an investment position in a club, or in a fund holding economic rights in players it also represents. Each of these arrangements exists. Each is disclosed to varying degrees. None of them can be resolved by disclosure, because the party being asked to consent — usually a young player with one realistic representative option in their market — is not in a position to withhold consent.

Disclosure resolves a conflict only when the disclosed-to party can walk away. Most players cannot.

What the commission structure rewards

The more fundamental problem is what the fee model incentivises. Agency revenue is overwhelmingly transactional: a commission on transfer fees, a percentage of contract value at signature, a share of image-rights deals. Very little of it is contingent on outcomes over the life of a career.

An agent is therefore compensated for movement. A player who signs a long contract at a well-suited club and stays for eight productive years generates far less agency revenue than one who moves four times in the same period, even if the first player earns more in aggregate and has the better career. The incentive is not to engineer bad moves; it is simply that nothing in the structure rewards counselling against a move.

Why fee caps miss

The regulatory response taking shape in several jurisdictions centres on capping commissions as a percentage of transaction value, together with a licensing examination and a prohibition on representing multiple parties to the same transaction.

The multi-party prohibition is the substantive provision and it is being resisted hardest. The fee cap, which has attracted most of the attention, addresses the least important dimension. Capping the percentage reduces the amount extracted per transaction without changing the incentive to transact, and in a market where agency services genuinely do cost money to provide, it pushes activity toward structures that are not captured by the cap — consultancy agreements, image-rights arrangements, advisory mandates with affiliated entities.

A regulation that reduced transactional compensation in favour of a fee structure tied to the duration and performance of the contracts an agent negotiates would change behaviour substantially. It would also be difficult to draft, harder to enforce, and vigorously opposed by an industry that has just spent a decade and considerable capital consolidating around the existing model. It is, for those reasons, not among the proposals currently on the table.

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