

Moneyball: Barcelona ups the ante
By: Isaiah | October 17th, 2007
This week has been pretty solid for me in terms of sports. I’m a big Kansas Jayhawks fan and the football team is ranked 13th in the BCS standings, while my other beloved college team, the OU Sooners, is ranked 5th. The Cleveland Indians beat the New York Yankees and are now mowing down the Boston Red Sox in the baseball playoffs and the hated Dallas Cowboys finally lost in the NFL. The only issues are coming from Spain, oddly enough. Barcelona has been playing so well that their actual on-the-field endeavors have been nothing but a fantastic ride lately, but now Joan Laporta is mixing things up and making headlines when he should be shutting his mouth and hoping everyone comes back from international duty healthy.
The obvious reason behind my somewhat bitter statement about Laporta is that he’s come out in the media in the last few days (or, really, Friday and Saturday), to press UEFA and FIFA on the issue of compensation to club teams for “allowing” their players to serve on international duty. I’ve already written about this, but apparently Laporta didn’t get my memo about shutting the hell up and getting on with running a club with a conscience. Platini and Blatter should smack Laporta on the back of the head and tell him where to go. Back to Barcelona, of course, because he should be there doing whatever it is club presidents are supposed to do, which is certainly not destroying the fabric of the game.
But, of course, I’ve got another gripe. Laporta spouting off at the mouth is hardly worth mentioning except that it comes in tandem with this little gem, pointed out by a buddy of mine. The original telegraph article is here, in case you’d like to read it more thoroughly.
The gist of the article is that Barcelona won a court ruling in Spain against Fran Merida for leaving the club. Another article about the ruling says that Merida was charged with failure to honor a pre-contract agreement. I have been under the impression for some time that pre-contract agreements are not legally binding in any sense because they are, by definition, pre-contract. If they were binding, wouldn’t they just be called contracts?
Beyond that is the question of what this means for other players. If the general understanding of the “pre-contract agreement” was that you weren’t breeching any contract by leaving, what does that mean for players like Cesc or Daniel Pacheco, the latter of whom is apparently the next target for FCB’s legal department? I assume they won’t go after Cesc because they might want him back (not that this is a good idea, but you know, that’s not how the club’s thinking would ever go), but little fish like Merida and Pacheco? Sure.
Skip Sauer of the Sports Economist might be correct in saying that Barca is only going after a change in the law to protect future investments, but this seems a rather ridiculous way to go about that, if that is indeed the master plan. As one of the commenters on the Telegraph, a John A. Blair, article wrote, “Surely the Spanish court decision has no weight in the UK, where the contract would not be illegal. In addition EU rulings on interference with trade would also negate the court ruling.” I’m not particularly familiar with EU rulings on interference with trade, especially not when concerning sports, but it seems to be a valid point in that there can’t be the lack of a law here. And why has it taken until now for this to surface?
Regardless, it’s a asinine and ridiculous move on the part of Barceonla to attempt to recover money from someone that they don’t even want anyway. The nature of the business is that the youth ranks aren’t for making money, they’re for training kids, for teaching them, and for getting players out of them at a later stage. I think there needs to be a FIFA ruling on this, if that’s legal as it might infringe upon individual countries’ rights to self-govern, creating a standard age at which a contract can be made. Whether that’s 16 or 18 or 55, I don’t know, but until then I’m just going to be ashamed at the way in which Barcelona has been conducting itself recently in terms of basking in the glow of its money while demanding even more in return. We’re not Real Madrid, for chrissake, so let’s get down to the real business of winning the league and making the world a better place.p
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Comments
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Great post!
It seems the world’s biggest clubs are now also competing for the world’s best talents to save enormous transfer fees. These fine talents will no longer enrich a small league/small club with their skills. Instead they will more and more only come from the bench of Arsenal, Barca etc. With the exception of late bloomers I guess.
About the legal stuff:
I think the FIFA has indeed a world wide rule about the minimum age a player can sign a contract (hence making him a professional footballer) with a club. But I’m not sure either whether they could interfere with pre-contract agreements. I guess such a ‘letter of intent’ has been / must be signed by the parents and not the underaged child anyway? And I doubt this is common practise or even allowed in other countries.Posted from
Germany

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but now Joan Laporta is mixing things up and making headlines when he should be shutting his mouth and hoping everyone comes back from international duty healthy.
Took the words right out of my mouth.Going to have to disagree with you completely over the Merida case, though.
(By the way, the reason Cesc’s case didn’t go to court is because Arsenal waived quite a bit of the fee for Gio van Bronckhorst going the other way - because they knew they were the party who had erred.)
Anyhow, taking my ‘football fan’ hat off and putting on my ‘lawyer in training’ hat on for a bit: a ‘pre-contract agreement’ in this context is a legal oxymoron. I presume what Barca had with Merida was a contract, which, while not containing professional terms since that would not have been effective, obliged him to perhaps stay at Barca for a certain length of time, if not sign professional terms with the club. So it’s logical that his actions in breach of the terms has led to damages being awarded against him.
The Merida case is also especially severe because of its bizarre facts: http://www.elpais.com/articulo/deportes/Jaque/fuga/canteranos/elpepudep/20071010elpepidep_1/Tes
The youth team is supposed to develop top players for Barca, not Liverpool or Arsenal, or anybody else, for that matter.

Posted from
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Jan, thanks for the compliment. Glad you liked the post. You’re quite right about the biggest clubs holding onto their youngsters a little longer. I understand the desire to get the most out of your youth products, but what of clubs like Liverpool and ManU who have rosters the size of small countries? Check out ManU’s squad size if you don’t believe me. Even compared to a squad like FCB’s it’s large. It’s a drain on the overall talent level in the league, leaving teams like Levante, Derby, etc without the resources to contract players good enough to beat the bigger teams, whose “injury crisis” is only an issue if they’re playing a similarly endowed team.
I like that Barca doesn’t have a massive squad and that a bunch of the starters come from the youth ranks and I hope that we don’t get away from that because a few players, like Cesc and Merida, were drawn away before they could sign. Messi, Bojan, and Gio all have stuck around in recent years (and Iniesta, really, since he’s only 23), so there isn’t some sort of hole created by these players leaving.
Still a consensus age across the board should be made mandatory and 18 makes sense to me. I’m not into forcing 16 year olds to perform at the highest level because they will, more often than not, fail. So 18 should be the FIFA rule, which would match the highest age requirement in the world, I would imagine. Now, that doesn’t mean first team football can’t be achieved before 18, but it doesn’t really make sense to thrust kids into the spotlight if you don’t have to. For every Messi that appears, you get like 5 Freddy Adus. Though, to be honest, there have been quite a few good players playing before they’re 18, but the pressure is ridiculous for 16 year olds.
Posted from
United States

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Linda: Maybe I mistranslated this, but I’ll post what I got out of the El Pais article you linked:
“Mérida llegó al Arsenal tras pedir al Barcelona su baja federativa cuando aún tenía 15 años. Debido a su edad, el club no tuvo más remedio que dársela, ya que ningún contrato profesional ataba al jugador a la entidad.”\
Translation: “Merida arrived at Arsenal after asking Barcelona for a release when he was just 15 years old. Because of his age, Barca had no choice but to grant it, since no professional contract tied Merida to the club.”
I don’t have a lawyer hat, so I can’t say what that really means, legally, but what it seems to mean is there was no contract, pre- or otherwise. Am I interpreting this incorrectly? Merida was legally free to do whatever he wanted, so how come Barca had legal recourse?
The Cesc case is cleared up by that article, though, so thanks for that. I’d forgotten there was a fee paid. Sorta.
Posted from
United States

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The reason this sometimes becomes an issue in Spain is because of the cantera system that is so widely regarded in Spain. Aside from the Basques who basically ONLY use the cantera’s, most clubs like Barça, Madrid, and Sevilla bring up kids through the cantera system and integrate them into the team. Most then leave the first team after a few years if they want to test the international waters.
However, in these cases with Cesc and Merida,they left early, and either under a contract or not under one.
I’m not a laywer, I’m a linguist, so I can’t commentate more on the law aspect of it.
Posted from
United States

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But, Ryan, as a linguist, can you confirm what that article says is how I translate it? Or disconfirm…which totally isn’t a word but should be.
Posted from
United States

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Didn’t Fran Merida go missing for a few weeks and then turn up at Arsenal? At the time it was reported that he didn’t turn up after his agent advised him not to and then jumped ship.
Barca were supposedly compensated for Cesc’s departure. Arsenal paid 700,000 for him and waived payment still due on Overmars at the time. There is a difference between the way Merida left and Cesc. Because of this I wouldn’t have a problem in welcoming back Cesc at a later date, as with Pique(if he progresses enough). I wouldn’t however welcome Merida so quickly.
FYI i still wouldn’t want any of our Cantera joining the enemy.Posted from
Ireland

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Ciaran is correct. Those are the facts I’m talking about. And yeah, while I’m okay with Cesc and Pique (who only left because Laporta hates his dad), nobody should get away with joining The Enemy (you know, that one).
Isaiah, I agree with you about 18 being a proper age. The pressure and expectation at big clubs is too much for most 16 year olds.
Unfortunately, my Spanish is minimal, but as far as I can make out, while there was no professional employment contract, there probably was a contract which obliged Merida to stay in the youth system at least until he turned 16.
Posted from
Australia

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