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CHAPTER 4.
The BSkyB Bid for
Manchester United Plc - All the Passion of a Banknote
Simon
Lee
It
is apt that the tenth anniversary of Hillsborough should coincide with
the conclusion of two deliberations which will profoundly affect English
professional football during the first years of the new millennium.
The government’s response to the Monopolies and Mergers Commission’s
(MMC) recommendations, following its scrutiny of the BSkyB bid for Manchester
United, and the outcome of the Office of Fair Trading’s (OFT) restrictive
practices court case against the alleged cartel formed by the Premier
League in its negotiations and deal with BSkyB and the BBC, threaten
to unleash an even more frantic wave of commercial machinations upon
English football.
In
his final report into the Hillsborough stadium disaster of 15 April
1989, Lord Justice Taylor identified five factors responsible for ‘a
general malaise or blight over the game’ of English football (Home Office,
1990, para. 26). Four of these five factors (old grounds, poor facilities,
hooliganism and excessive drinking) have been largely eliminated from
at least the upper echelons of English professional football in the
intervening years. Unfortunately, poor leadership remains a blight on
the English game. It is worth recalling the late Lord Taylor’s thoughts
on this subject:
As
for the clubs, in some instances it is legitimate to wonder whether
the directors are genuinely interested in the welfare of their grass-roots
supporters. Boardroom struggles for power, wheeler-dealing in the buying
and selling of shares and indeed of whole clubs sometimes suggest that
those involved are more interested in the personal financial benefits
or social status of being a director than of directing the club in the
interests of its supporter customers. In most commercial enterprises,
including the entertainment industry, knowledge of the customer’s needs,
his tastes and his dislikes is essential information in deciding policy
and planning. But, until recently, very few clubs consulted to any significant
extent with the supporters or their organisations (Home Office, 1990,
para. 53).
A
decade on from Hillsborough, the welfare of football supporters and
their legitimate right to be consulted as major stakeholders in the
English game remains largely unrecognised in the governance of professional
football. The explanation for this oversight is simple. In January 1990,
the Taylor Report entreated that ‘now is the
moment for the fullest reassessment of policy for the game’ (Home Office,
1990, para. 58) but in its aftermath there was no fundamental reassessment
of the future direction and governance of English professional football.
The subsequent decade has been characterised instead by increasingly
frantic ‘wheeler-dealing’ and the shameful pursuit of ‘personal financial
benefit’ by many football club chairmen and their fellow ‘fat cat’ directors.
In a move entirely redolent of the political economy and values inspired
by Thatcherism, the major clubs have broken away from their Football
League brethren to create the FA Premier League in order to enable themselves
to appropriate a much larger share of English professional football’s
income. In keeping with Thatcherite values, ‘the widening gap (between
the Premier League clubs and the rest) was dignified with a philosophy:
“market forces”, a philosophy that abandoned the limited notion of redistribution
from the richer clubs to the poorer which had characterised the development
of the game during its modern history’ (Conn, 1997:152).
The
language of football is one of revenue streams, brand loyalty and inelastic
demand for tickets irrespective of the price charged or the televised
saturation coverage of games. In short, ‘football has changed, from
something which belonged to its people, to a business’ where ‘today’s
FA Carling Premiership car parks are exhibitions of ostentation, field
studies of inequality’ (Conn, 1997:27,152). For its part, England’s
premier club, Manchester United, has been tamed ‘into the corset of
a middle-class “entertainment industry”’ (Conn, 1997:46). Alex Ferguson
recently described the level of support at Old Trafford as ‘awful .
. . more like a morgue than a football match’ (United
Review, Vol.60, No.16), a sad but apt reflection on a ground now
overflowing with the passive, passionless presence of an armchair-,
replay- and pundit-educated generation. But Manchester United is not
the only major club whose soul has been corrupted by this commodification
of the culture of English football.1 The flotation of Newcastle United
showed ‘football’s true face in the ’90s, all the passion of a banknote’
(Conn, 1997:62). Indeed, that the dividend from this transaction should
be a capital gain of around £100 million to Sir John Hall, one of Mrs
Thatcher’s most ardent advocates, and not a single major trophy won
for supporters whose great-grandparents last saw the First Division
trophy paraded in Newcastle in 1927, is an appropriate commentary on
the values and motive force of the Premier League.
From
gap, to chasm, to abyss
The
condition of contemporary English professional football and its governance
are testament to the extent to which it has embraced the values of Thatcherism.
Since the early 1980s, the richest English clubs have attempted to secure
a larger share of the game’s income, initially by threatening the creation
of a ‘Super League’ in 1981 and temporarily settling for an agreement
which enabled them to keep all gate receipts from home fixtures and
no longer having to share them with visiting clubs. When a further attempt
was made to break away in 1985, the top clubs were kept in the fold
by the pompously named ‘Heathrow Agreement’, the First Division
being awarded 50 per cent of all TV and sponsorship revenue, a larger
share of voting rights in Football League decisions and a cut in the
end-of-season gate levy to 3 per cent. These demands were made in the
wake of the Bradford and Heysel disasters but added to the trend towards
redistribution of football’s revenue in favour of the richer clubs (Conn,
1997:140). Subsequently, further threats of a breakaway were diverted
by the then ‘Big Five’ clubs (Manchester United, Liverpool, Everton,
Arsenal and Tottenham Hotspur) being able to negotiate their own television
contract with ITV. This resulted in their receiving 50 per cent of English
football’s £44 million income from television, but nevertheless still
having to share the other half with the Second Division (25 per cent),
and the Third and Fourth Division (25 per cent split between them).
When the breakaway from the Football League finally occurred in 1991,
the creation of the Premier League was not based on purely commercial
grounds since it had been calculated that the existing structure of
English professional football could generate £112 million income per
year if properly marketed (Conn, 1997:145). The motivation instead was
the desire of the leading English clubs to secure control of a larger
share of the rapidly growing revenue from television contracts, as was
proven with the signing of the five year £304 million deal between the
Premier League clubs and BSkyB.
The
development of English football in the 1990s has therefore mirrored
wider society in its departure from post-war notions of progressive
taxation and redistribution towards an enterprise culture which has
often confused the opportunistic pursuit of individual self-interest
for entrepreneurial innovation and risk-taking (Lee, 1997a). The pace
at which societal inequalities in income and wealth accelerated under
the Thatcher and Major Governments has been extensively documented (Hills,
1998; Child Poverty Action Group, 1996). Although average incomes grew
in Britain by around 40 per cent between 1979 and 1994–95, the richest
tenth of the population saw their income grow by 68 per cent, while
the poorest tenth saw their income fall by 8 per cent (including housing
costs). In fact, the overall distribution of income had rapidly diminished
in post-war Britain, and the onset of Thatcherism saw an exceptional
growth in income inequalities, both in historic and international terms
(Hills, 1998:5). Will Hutton has depicted the resulting income distribution
in terms of ‘The thirty, thirty, forty society’, where only a ‘privileged’
40 per cent of the population enjoy security and affluence while the
remainder experience marginalisation, insecurity and poverty (Hutton,
1995:106–8). In English football, the inequalities in income and wealth
are even starker. The August 1998 Deloitte & Touche Annual Review of Football Finance documented how, ‘The gap between
the Premier League and Football League is turning from gap, to chasm
to abyss’ (Deloitte & Touche, 1998:7).
The
Premier League’s turnover (up 34 per cent to £463.9 million in 1996–97)
now constitutes no less than 68.7 per cent of English professional football’s
total income. Thus, English football, according to Hutton’s framework,
could be characterised as a 69/31 society where the richest 20 clubs
receive more than twice as much as the poorest 72. However, within that
gross figure of inequality is concealed the fact that the top five finishers
in the Premier League in 1996–97, namely Manchester United, Newcastle
United, Arsenal, Liverpool and Aston Villa, had a combined turnover
greater than all the 72 clubs in the Football League (Deloitte &
Touche, 1998:5). The £23.2 million average turnover of the 20 Premier
League clubs is 4.2 times greater than the average turnover of the First
Division clubs. Driven by the increases in television revenue, the profitability
gap between the average operating profits of the Premier League clubs
and the First Division clubs has grown from £3.8 million in 1995–96
to £4.8 million in 1996–97 (Deloitte & Touche, 1998:7). Furthermore,
Manchester United’s 1996–97 revenue of £87.9 million meant that it alone
had received no less than 13 per cent of English professional football’s
gross income and 19 per cent of the Premier League’s revenue. Thus,
English football could be described as the 13, 54, 31 society where
one rich Premier League club now receives nearly half the income received
by no fewer than 72 other professional clubs in the Football League
– less a case of ‘All for one, and one for all’, than ‘All for one,
and all for one’. As a result of the increasing purchase of players
from overseas, and reflecting the trade deficit suffered by the national
economy, English football suffered a net outflow of revenue overseas
of £100.4 million in 1996–97, following an outflow of £78.4 million
in 1995–96 (Deloitte & Touche, 1998:23). Net transfer spending has
been most prevalent among Premier League clubs seeking to avoid relegation
and First Division clubs seeking promotion. The outflow of income from
clubs in the Premier League to those in the Football League via transfer
deals was only £14.5 million in 1996–97, compared to £25.2 million the
previous year. A loss of £28 million in 1996–97 meant that the Football
League had made an aggregate operating loss of £118 million in the five
years to 1996–97. In the same period, the Premier League has made an
operating profit of £260 million (Deloitte & Touche, 1998:11). There
appears to be a ‘trickle down’ effect, but mirroring the wider development
of British society, it is one of percolation of poverty rather than
the distribution of wealth.
Greed
is good: the governing principle of English football
During
the 1990s, driven and epitomised by the creation of the Premier League,
the traditional, amateurish and increasingly archaic associational model
of governance of English professional football by the FA and the Football
League has been challenged and displaced by a principal-agent or financial
model of corporate governance (Keasey, Thompson and Wright, 1997:3).2
Driven by their desire to gain a tighter control over, and a larger
share of, football’s fastest growing income stream, i.e. income derived
from satellite, terrestrial and (impending pay-per-view) television
contracts, the directors of Premier League clubs have embraced a shareholder-centric,
short-termist form of corporate governance which unashamedly assumes
that profit-maximising behaviour provides the best means for welfare
maximisation, i.e. the good of their respective clubs. A series of Premier
League club chairmen and their merchant banker advisers have advocated
stock-market flotations as the best means of modernising football stadia
and investing in world-class players. This Anglo-American model of governance
has been criticised for being excessively concerned with the short-term
maximisation of profit, itself the consequence of capital market failure,
and the award of excessive remuneration for directors (Hutton, 1995).
Critics have also pointed to the fact that investment in stadia modernisation
has normally been undertaken (partly with public funds) prior to stock-market
flotation, and that share issues have principally been vehicles for
a few rich individuals to make spectacular capital gains at the expense
of their clubs’ longer term competitiveness. Indeed, flotations have
only been possible by virtue of the clubs first becoming subsidiaries
of non-footballing companies, thereby rendering inapplicable Rule 34
(a) (v) of the FA which states that ‘if a club is wound up, its property
must be distributed to other local sporting clubs’ (Conn, 1997:165–6).
At the level of the ordinary football supporter, the corporate rebranding
of English clubs has sought to replace the traditional collective intensity,
passion and camaraderie experienced by English football supporters on
the terraces with an all-seated, passive and individualised experience
where the possession of an extensive (and expensive) collection of replica
shirts, club merchandise and a satellite dish have become the benchmarks
by which an increasingly middle-class audience has expressed its transient
enthusiasm for football (Lee, 1997b).
As
an alternative to the principal-agent model, the stakeholder model of
governance has contended that participation and accountability should
be defined more widely than the maximisation of shareholder or owner
value and that governance should explicitly recognise and defend the
welfare of other groups or stakeholders which have a long-term association
with the corporation (Hutton, 1995, 1997; Kelly, Kelly and Gamble, 1997).
This model of governance is held by its advocates to be both more equitable
and socially efficient than the principal-agent model because it is
based on relationships of trust and co-operation (Fukayama, 1995). Critics
of the stakeholder model have argued that it is intrinsically incompatible
with corporate objectives, and undermines both private property and
accountability (Willetts, 1996; Sternberg, 1998). However, English football
is a sport that has only recently embraced corporate values and whose
continuing health, as the organisation of American football on redistributive
principles demonstrates, requires a pattern of governance, participation
and accountability which defies the norms of the principal-agent model
of corporate governance and which ensures competition between teams
in a viable league structure. If ever a business warranted the concept
of stakeholding, then a football club would appear a prime candidate
given the unique combination of emotion and finance which supporters
invest in their clubs.
The
relationship between supporters and their respective football clubs
is primarily an emotional bond, frequently a matter of lifelong personal
allegiance which transcends the impersonal experience of individual
consumption and market transactions which the principal-agent model
embraces. In England, the importance of football teams to their communities
has long been seen as an important source of collective, often civic,
identity and pride (Russell, 1997). Identity lies in what the members
of a particular community share ‘not individually but collectively,
not privately but publicly’, a fact which has given identity ‘an inescapable
institutional focus’ (Parekh, 1994:501–2). In England, football grounds
have provided the primary and perhaps the only institutions where civic
identities have been celebrated en masse by the local population on
a regular basis. In an overly centralised British state, which has been
reluctant to devolve genuine political power to sub-national English
political structures, but instead has devolved managerial and administrative
responsibility for the implementation of difficult and unpopular decisions
to local authorities (Lee, 1999), football clubs have taken on an additional
significance in the expression of civic identity. Thus, for many English
people, football has been the source of:
a
sense of belonging at the ground, at the game, standing together in
communal support for these clubs. In a world which had undermined the
old certainties, of community, religion, ritual, football provided all
three around its central, indefinable magic (Conn, 1997:132).
This
has been ever more so in the materialistic, secular 1990s, and may in
part explain the sudden attraction of football to an atomised middle
class in search of some form of collective identity and security to
transcend their essentially individualistic lifestyles. As recent events
in Chester, Brighton, Portsmouth and Oxford vividly demonstrate, this
unique status of football in England has been reflected in the sometimes
desperate attempts mounted by supporters and the wider community to
maintain their clubs in the ranks of the 92 professional clubs, a number
far in excess of anything sustained elsewhere in continental Europe.
Unfortunately,
the potential of stakeholding for involving supporters in the governance
of their national sport was never tapped by the old associational pattern
of governance practised by the FA and Football League, and more recently
has been actively resisted by the majority of the new corporate élite.
Shareholding supporters at the vast majority of clubs remain marginalised
and virtually excluded from the corporate governance of their clubs.
Given that, prior to the BSkyB bid, shareholder supporters owned no
less than 23.4 per cent of the shares in Manchester United, giving them
a larger stake in the club than any of the directors or any single institutional
shareholder, it might have been thought that they would merit a seat
on the board of directors to ensure that their interests were represented
in the management and governance of the club (SUAM, 1998). However,
this is a demand which has been constantly resisted since the club’s
flotation in 1991. Mark Goyder, an Arsenal fan who also happens to be
the founder of the Centre for Tomorrow’s Company, an institution concerned
with issues of corporate governance, has suggested that shareholder-fans
are confronted by a ‘double jeopardy’ because ‘you buy shares in the
club and they do horrible things to you, and because they do horrible
things to you, your share price falls’ (cited in Harverson, 1998a).
The shareholder-fan fulfils the role of shareholder, customer and supporter,
three roles rolled into one which Goyder contends should warrant a special
dialogue between clubs and their shareholder-fans and special governance
structures for football clubs. And yet, Charlton Athletic remains the
sole English Premier League club with a shareholder-fan on its board
to represent the 17 per cent of shares held by 3,000 Charlton supporters
(Harverson, 1998a).
Manchester
United: in a financial league of its own
The
prominence of short-termist, especially shareholder, financial interests
in the governance of English professional football has been most vividly
illustrated by the cynical transformation of England’s largest club
into a global corporate brand (Szymanski, 1998). At present, Manchester
United is in a league of its own when it comes to the finances of English
football. The club generates £78 of turnover per spectator entering
Old Trafford, well ahead of Newcastle United’s £51 and Liverpool’s £44.
In June 1998, United’s share value represented 42 per cent of the £985.1
million of the 18 English football clubs with a share listing. Its net
assets of more than £72 million accounted for nearly 30 per cent of
the Premier League’s assets (Deloitte & Touche, 1998: 5, 7, 39).
Old Trafford’s current ground capacity of 55,300 (soon to rise to 67,400)
and its supply of 34,600 season-tickets is nowhere near sufficient to
satisfy the demands of its more than 100,000 members. There are more
than 200 registered branches of the official supporters’ club in 24
countries (but the club refuses to recognise any others because of its
incapacity to meet demand for match tickets). There are also an estimated
17,000 unofficial websites about the club world-wide. The official Manchester
United magazine has sustained a monthly print run of more than 100,000.
Manchester
United plc’s turnover in 1996–97 was £87.9 million, almost 20 per cent
of the Premier League’s gross turnover of £455 million (up 32 per cent
on the previous year) and more than double the turnover of Newcastle
United, its closest financial rival (by size of turnover). United’s
£27.6 million pre-tax profits helped to reduce the Premier League’s
overall deficit in 1996–97 to £9.5 million after transfer deals (The
Guardian, 16 April 1998). Because United’s response to the implications
of the Bosman ruling was to extend and improve the contracts of some
of its major stars, its wages bill (already the largest in the Premier
League) rose by an explosive and inflationary 70 per cent to £22.5 million.
However, both supporters and the City regarded this as a sound investment
in the club’s future which still meant that, at 26 per cent, United
was the Premier League club devoting the smallest share of its turnover
to its players’ contracts. More recently, United’s financial performance
has been less impressive. In the financial year to the 31 July 1998,
on a static turnover of £87.9 million, United’s pre-tax profits fell
from £27.6 million to £14.1 million following net transfer spending
of £15.5 million (the acquisition of Jaap Stam, Dwight Yorke and Jesper
Blomqvist). More significantly, although television revenues increased
by £3.6 million to £16.2 million, income from merchandising fell by
16 per cent to £24.1 million. This was attributed to an overall decline
in the market for replica shirts as fashion items, a trend purportedly
exacerbated by United supporters waiting for the arrival of yet another
new home strip. The rampant wage inflation of recent years continued
with the club’s overall wage bill rising 23 per cent to £26.9 million
(Financial Times, 29 September
1998).
In
presenting its annual results in the year to July 1997, the club chairman
Professor Sir Roland Smith announced that a new subsidiary, Manchester
United International, had been established with a view to opening 150
shops around the world within three years to sell club merchandise and
memorabilia. Merchandise sales during the year had declined from £29
million to £24 million, which Smith attributed to the Asian financial
crisis. However, many supporters closer to home would attribute a large
part of this decline to their refusal to purchase club merchandise that
had dropped the words ‘Football Club’ from the club badge. To many supporters,
this decision, which transformed a proud football crest into just another
corporate logo, appeared more than any other to symbolise the emasculation
of the club’s very identity and raison d’être by corporate greed (The
Guardian, 29 September 1998). In a similar vein, the club had also
decided to take a 25 per cent share of the £5 million hotel development
at Waters Reach, Trafford Park. This has raised the spectre among supporters
of a further loss of tickets to a new and highly lucrative extension
of the corporate hospitality market.
In
September 1997, United announced that it was to launch its own subscription
television channel in partnership with BSkyB and Granada. Describing
the launch of MUTV as a ‘major milestone’, Martin Edwards also stated
that he would be happy for the club to break away from the Premier League
and go it alone following the expiry of the existing contract with BSkyB
and the BBC in 2001.3 In the interim, Edwards stated that the club needed
300,000 of its claimed 3 million supporters to subscribe to MUTV for
it to make a profit. Edwards statement pointed the way towards the possibility
of a future breakaway league but again demonstrated the contrast between
commercial logic and the traditions of the English game. It might make
eminent short-term commercial sense for the top ten English clubs to
form their own breakaway league (possibly including Glasgow Rangers
and Celtic) and to negotiate their own television contracts. However,
it is extremely doubtful whether supporters would wish to watch (either
as paying supporters or pay-per-view subscribers) the fixtures of a
contrived league abstracted from the game’s historic roots.
From
FC to plc to ‘Rupert’s Rovers’
When
Martin Edwards agreed to sell his remaining shares in Manchester United
plc as part of the £623.4 million BSkyB bid for the club, his decision
appeared to be the final betrayal of a legend sacrificed upon the altar
of a single family’s financial ambition (Crick and Smith, 1989). It
may originally have cost Martin Edwards’s father Louis as little as
between £31,000 and £41,000 to secure personal control of Manchester
United Football Club. Subsequently, in the late 1970s, in the face of
annual losses and because dividends were restricted to a maximum of
5 per cent of the face value of each share, the Edwards family decided
to increase vastly the number of shares through a rights issue which
would give every shareholder the right to buy 208 £1 shares for every
share held. Since this exercise did not involve an injection of external
investment, this appeared to be a device for increasing dividend payments,
and was bitterly opposed by other shareholders, including Sir Matt Busby
and the club secretary Les Olive. In advance of a rights issue which
they were planning in 1977, the Edwards family bought up more shares
to increase their shareholding to 74 per cent. The £600,000 invested
in the share issue by Martin Edwards constituted ‘the sum total of his
“investment” in United, ever’. The Edwards family’s total investment
was only £740,000. Whereas only £312 was distributed to shareholders
in 1978, following the rights issue, the board announced a dividend
of £50,419 in 1979 which rose to £151,284 in 1981, the maximum allowable
when the FA increased the maximum dividend to 15 per cent of share value
(Conn, 1997:36).
When
Manchester United was floated on the London stock-market in 1991 at
the now paltry value of £47 million, Martin Edwards reduced his shareholding
in the club to 28 per cent, realising £6 million from a sale of 1.7
million shares. Subsequently, further share sales have enabled the Edwards
family to raise a total of £28 million, while generating an annual income
of around £1 million from Martin Edwards’ salary and the dividends from
his remaining shareholding, valued at more than £80 million by the terms
of the BSkyB bid. Edwards had been approached in mid-June 1998 by Mark
Booth, the chief executive of BSkyB, with the view to the sale of Edwards’
shares as part of a take-over bid. If the take-over proceeded, Edwards
would join the board of BSkyB and Booth would in turn join United’s
board. As the BSkyB offer increased from 217.5 pence per share to its
eventual 240 pence, valuing the club at £623.4 million, there was an
absence of unanimity among the United board about how to respond to
the offer.4 Initially, the offer was opposed by several board members,
including Greg Dyke, a non-executive United director and chairman of
Pearson Television who ironically had negotiated TV contracts between
ITV and the Football League in his earlier guise as head of ITV Sport.
Dyke was reported to have argued that United had a strong future as
an independent club, not least because of the onset of pay-per-view
TV and because the OFT might win its restrictive practices court case
against the Premier League, thereby allowing United to sell its television
rights to the highest bidder (Financial Times, 16 September 1998). However, once the BSkyB offer
reached 240 pence per share, Dyke found himself in a minority of one
and therefore decided that further resistance was futile, although he
decided to donate the £60,000 profit he would make on his own 80,000
shares (the difference between the BSkyB offer price and the share price
beforehand) to Manchester-based charities.
Dyke
was not alone. Philips and Drew Fund Management, the club’s largest
single institutional shareholder with more than 4 per cent of shares,
stated that it was ‘slightly disappointed’ given that it felt United
‘had a very strong future if it remained independent’ (Financial
Times, 10 September 1998). The revelation by Sam Chisholm, the former
chief executive of BSkyB, that Rupert Murdoch had been prepared to pay
double the £304 million it paid in 1992 to win the rights to screen
live Premiership football (Conn, 1997:21) is indicative of the degree
to which the fate of BSkyB had become inextricably linked, if not ultimately
dependent, on its relationship with sports broadcasting, especially
live coverage of English football. In 1992, BSkyB had paid £304 million
for the exclusive rights to screen Premiership matches. By 1997, the
commercial dividend had been a 333 per cent increase in BSkyB’s turnover,
transforming its profitability from 1992 losses of £47 million into
profits of £62 million in 1993, £170 million in 1994, £237 million in
1995, £315 million in 1996 and £374 million in 1997 (Conn, 1997:21).
The
commercial logic underpinning BSkyB’s bid was self-evident. If it could
acquire United for around only £200 million more than the value of the
club’s shares prior to its bid, BSkyB would have cheaply won control
not only of the world’s most profitable football club but also the club
with the largest global fan base. If a European Super League was established
or further reforms of existing UEFA competitions undertaken, BSkyB would
be at the heart of the negotiations. At the same time, BSkyB would also
ensure itself a prime position in the Premier League clubs’ negotiation
over pay-per-view TV and the next domestic TV contract beyond 2001.
Under the existing television contract, the Premier League would allocate
50 per cent of the revenue between its 20 clubs. A further 25 per cent
would be allocated on the basis of merit at the end of each season –
the top club receiving the largest share. The remaining 25 per cent
would be allocated on the basis of the number of appearances on television.
In practice, this already meant that the largest clubs received the
lion’s share of the television revenue. However, if the Restrictive
Practices Court was to rule that the Premier League had acted as an
illegal cartel in its negotiation of TV contracts with BSkyB and terrestrial
television channels, a BSkyB-owned United would then no longer have
to share its revenue. It would be free to secure an even larger share
of English football’s TV income by exploiting potential demand for pay-per-view
from United’s global fan base.
Ownership
and control of Manchester United would provide BSkyB both with an insurance
policy against the uncertainties surrounding the future development
of broadcasting in Europe and a means to expand demand for subscriptions
to its channels world-wide. BSkyB had been profitable with its domestic
subscription confined to less than 20 per cent of the population. It
was the desire for a greater share of television revenue which drove
the creation of the Premier League. It would be ironic, but perhaps
in some sense poetic justice, if the League in turn was undone by the
same base commercial greed. Furthermore, if the competition authorities
decided that there were sufficient anti-competitive grounds for blocking
the BSkyB bid, rather than simply laying down some preconditions for
the bid’s approval, Murdoch could point to the precedents established
in other countries for the media ownership of major sports clubs. For
example, Murdoch’s own News Corporation had previously bought the Los
Angeles Dodgers baseball team, together with shares in the New York
Knicks basketball and New York Rangers ice hockey teams, along with
further options on the Los Angeles Lakers basketball and Kings ice hockey
team. In the field of football, the French pay-per-view broadcaster,
Canal Plus, had bought into Paris St Germain while in Italy, Silvio
Berlusconi, the media mogul, owns AC Milan (Harverson, 1998b). In any
event, it appeared that the BSkyB bid might have seriously undervalued
Manchester United, especially in the context of the OFT court case.
Prior to the BSkyB bid, Warburg Dillon Reed had valued the club at £780
million, or 300 pence a share, 25 per cent more than BSkyB’s £623.4
million, or 240-pence-per-share offer (Financial
Times, 23 October 1998). David Brooks, an analyst at Nomura, stated
that, ‘My gut feeling is that I can’t believe other companies will allow
BSkyB just to walk off with the crown jewels’ (The
Guardian, 10 September 1998).5 But despite media reports that Salomon
Smith Barney, an American investment bank, had contacted HSBC, United’s
financial advisers, with a view to making a rival bid (Financial Times, 14 September 1998), it soon became apparent that
such a bid was unlikely, at least until the government’s position on
competition rules had been clarified.
The
Sky’s the limit: a TV cuckoo in football’s nest
On
7 September 1998, Peter Mandelson, the (then) Secretary of State for
Trade and Industry, announced that the BSkyB bid would face scrutiny
by the director general of the OFT to establish whether the bid should
be referred to the Monopolies and Mergers Commission (MMC). In the immediate
aftermath of Mandelson’s decision, and in the face of opinion surveys
showing 95 per cent opposition among United supporters to the BSkyB
bid, Mark Booth and Martin Edwards signed an open letter to supporters
in which they claimed that BSkyB understood that United was not just
another business but ‘part of the cultural fabric of Manchester and
the nation’ and, therefore, the existing management would be left to
run the club (The Times, 10
September 1998).6
Edwards
asked supporters, ‘Before you string me up, give things a chance . .
. I am not about to do anything that destroys the health and tradition
of this club. If I do then I deserve to be strung up.’
Furthermore, Edwards reminded supporters that the new owners
were ‘an £8 billion company and that gives us the kind of money we never
had’ (The Times, 10 September 1998). The implication
was that BSkyB would buy big to maintain United’s success on the field,
but supporters remained sceptical of Murdoch’s intentions. The spectre
of players being sold to alleviate potential cashflow problems in other
parts of the Murdoch empire loomed large. For his part, Booth insisted
that BSkyB were ‘not going to move the ground, pick the team, change
the name, hike the ticket prices or change the club in any way that
is not consistent with its traditions’. To supporters, this spin on
events appeared to overlook the fact that Booth was to join the United
board and Edwards join the BSkyB board – hardly a case of the corporate
status quo ante.
Government
ministers and opposition politicians were united in their hostility
to the announcement of the bid. Tony Banks, the Minister for Sport,
reacted to the BSkyB bid by contending that it could not ‘be treated
as if it were just a normal take-over of one publicly quoted company
by another’. If the biggest football club in England was bought by the
biggest broadcaster of live football, ‘then clearly the implications
for commercial policy are profound’. In Banks’s judgement, there were
‘concerns held across government about the dangers inherent in allowing
football clubs to be bought up as commercial commodities’. His only
surprise was that such a bid had not happened earlier given that ‘as
soon as football clubs become plcs, they find themselves subject to
predatory take-overs’. However, football clubs could not ‘be treated
like products in a marketplace as allegiances to them are based on cultural
affinities’ (Financial Times,
26 October 1998). If clubs were allowed to own more than one team, Banks
thought there was a danger that, when those teams met in competition,
a commercial view might dictate which team won the match. The vice-chairman
of the Conservative Party’s parliamentary media committee, Roger Gale,
asserted that it was not ‘the place of media empires to own football
clubs. What it means is that Murdoch will have a vote at the Premiership
negotiating table. It is a way of buying a vote around that table.’
This view was shared by a spokesman for the OFT who stated that ‘it
is possible there could be competition implications, but there might
be a restrictive agreement, in which case we would challenge it’ (The
Times, 7 September 1998).
David
Mellor, chairman of the government’s Football Task Force (but in this
instance responding personally), contended that it would be ‘an act
of cardinal folly’ for the Manchester United board to accept a take-over
by Rupert Murdoch. For Mellor, the stark choice facing the club was
between being ‘a pawn in a global media power play by Rupert Murdoch,
who hardly knows where Manchester is’, or still being ‘part of the great
city of Manchester – a football club where a clear bond of trust continues
to exist between its supporters and the club’ (The Guardian, 9 September 1998). Furthermore,
Mellor suggested that the take-over made a more compelling case for
a special regulator for football, an issue which he claimed the Football
Task Force would address in the coming months. Reaction to the bid from
within English football was equally hostile. For Gordon Taylor, the
general secretary of the Professional Footballers’ Association (PFA),
Rupert Murdoch constituted nothing less than ‘a TV cuckoo in football’s
nest’ (The Guardian, 16 September 1998). Addressing the 1998 Trades Union
Congress, Taylor argued that the government should introduce new and
strict competition laws to prevent television moguls from transforming
Manchester United into ‘Rupert’s Rovers’, thereby protecting the integrity
of English sport from business monopolies. Taylor warned that ‘football
is the people’s game, but the umbilical cord between fans and clubs
is being brutally severed’. Indeed, he added that the Labour Government
should remember its roots and cease to placate big business interests.
Sport could only survive in a competitive environment whereas, Taylor
contended, business always sought to remove competition and therefore
‘the two worlds do not fit easily together’ (The Guardian, 16 September 1998).
Resistance
to the BSkyB bid among United supporters was led by the Independent
Manchester United Supporters Association (IMUSA), (an organisation in
which the author must declare an interest, being an IMUSA member), and
by the quickly formed Shareholders United Against Murdoch (SUAM). IMUSA
organised a rally at Manchester’s Bridgewater Hall which was paid for
by a donation of £10,000 from Roger Taylor, the drummer from the rock
group Queen. Unfortunately, although this meeting did provide an important
rallying point for those seeking to oppose the bid, the rally itself
failed to fill the hall’s capacity, a fact not lost on David Mellor
who subsequently used his Radio Five 6.06 phone-in show to question
the opposition of United supporters to the bid.7 SUAM was established
by several United supporters who also happen to be influential people
in journalism (Michael Crick, SUAM’s founder, a reporter on the BBC’s
Newsnight programme and the author of many
books, including biographies of Michael Heseltine, Jeffrey Archer and
a seminal work on the history of Manchester United); business (Richard
Hytner, former chief executive of the Henley Centre for Forecasting
and now head of the Publicis advertising group); and academia (Jonathan
Michie, Sainsbury Professor of Management at Birkbeck College, University
of London). The fact that, unlike many other supporters’ organisations,
SUAM had been founded by people with knowledge of the operations of
the media and the City of London, meant that it was able to fight a
very effective guerrilla campaign against the BSkyB take-over. One of
its first actions was to draw the attention of the Take-over Panel to
the fact that the offer document sent to United shareholders was arguably
misleading because it failed to inform them that they had the right
to reject BSkyB’s offer (Financial
Times, 24 October 1998). Although SUAM failed to persuade the Panel
that misleading information had been circulated to shareholders, it
was able to raise sufficient funding to be able to send its own mailing
to the club’s 30,000 shareholders and also circulate a document to institutional
shareholders which contended that the BSkyB bid had undervalued United
(SUAM,1998).
The
triumph of the patron-client model of corporate governance over the
stakeholder model was vividly demonstrated at the November 1998 annual
Manchester United plc shareholders’ meeting. SUAM members Michael Crick
and Jonathan Michie led a sustained attack by shareholders for more
than two hours against the board’s decision to recommend acceptance
of the BSkyB offer. Michie asserted that ‘it is in the best interests
of this company and this football team for the club to remain independent’,
but this contention was rejected by both Martin Edwards and Sir Roland
Smith, the club’s chairman. They claimed that the club’s prospects would
be enhanced if it became part of the BSkyB group because it would have
access to the latter’s capital and media expertise. Indeed, Smith perversely
argued that, ‘You know what we’re proposing is a good thing because
everybody is opposed to it’, to which the response from one shareholder
was, ‘Bollocks’ (Financial Times,
20 November 1998).
New
Labour’s footballing inheritance
For
most of the 1980s, the culture of English football remained refreshingly
untouched by the values of the share-owning, property-owning enterprise
culture, even if the built environment surrounding many grounds was
being transformed (often not for the better) by the wider social and
economic restructuring inflicted upon England by Thatcherism. Without
doubt, ‘In the Thatcherite lists of “them and us”, football was firmly
“them”.’ (Conn, 1997:111.) Although she ‘handbagged’ many other English
institutions during the 1980s, Margaret Thatcher was simply not interested
in football. The plurality, diversity and strength of local English
identities which football demonstrated could play no part in, and indeed
contradicted, the certainty of Thatcher’s own conception of British
national identity.
If
Conservative politics affected football culture, then it was through
the medium of the Thatcher Government’s law and order agenda. Conservative
politicians, including Luton Town’s former chairman, David Evans, used
football opportunistically to promote an agenda that included increased
police powers of surveillance.8 The 1989 Football Spectators Bill proposed
the introduction of identity cards and a Football Licensing Authority
to be headed by a chief executive, John de Quidt, a civil servant experienced
in the art of putting down prison riots (Conn, 1997:113). The national
identity card scheme was never implemented, having been rendered redundant
by the onset of all-seater stadia, closed-circuit television inside
grounds and individual club membership schemes. If the terraces had
provided a welcome but often dangerous refuge from Thatcherite reforms
during the 1980s, the same cannot be said for the increasingly all-seater
stadia of the 1990s. Supporters of English Premier League teams have
found themselves increasingly regarded by their clubs, not as supporters
per se but as consumers, investors
and shareholders. Supporters of First Division but especially Second
and Third Division teams have found their clubs increasingly financially
marginalised and, in many cases, their very survival threatened.
Unlike
its Conservative predecessors, New Labour had chosen not to adopt such
a passive attitude towards the English game. Instead it has seen political
advantage in associating itself with the upper echelons of the professional
game that had enjoyed a renaissance in popular culture during the early
1990s. During the 1997 General Election campaign, Tony Blair, a self-confessed
Newcastle United supporter, enjoyed photo-opportunities with Alex Ferguson
and Kevin Keegan. Building on the Football
Charter drawn up in Opposition, New Labour’s General Election manifesto
promised to bring an end to the policy of selling off playing fields
(to which the lamentable Test match performance of the England cricket
team will serve as a lasting testament to a lost generation) and to
‘provide full backing to the bid to host the 2006 football World Cup
in England’ (Labour Party, 1997:30). However, any expectation among
supporters that the change of government would usher in a radically
different approach to the governance of English football was soon dissipated.
The newly instituted Football Task Force was given a wide-ranging remit
to examine issues (racism, access for the disabled, supporter involvement
in the running of their clubs, and ticket and merchandise pricing) but
no powers other than moral suasion to raise its status beyond that of
‘the political equivalent of the mid-field player who does a lot of
unselfish, off-the-ball running – a lot of energy expended but ultimately
a minimal contribution to the game’s overall shape and direction’ (Lee,
1997b:47).
The
potential political embarrassment which the BSkyB bid, and the Government’s
reaction to it, might cause were vividly illustrated when a House of
Commons Early Day motion signed by 39 Labour MPs, four Conservative
and three Liberal Democrats, and stating that the bid would ‘create
an unacceptable situation’, was signed by Gerry Sutcliffe and Ian Pearson,
parliamentary private secretaries to Treasury ministers, thereby breaking
with customary parliamentary convention (Financial Times, 26 October 1998). Among
the other signatories of the motion were Joe Ashton, the chairman of
the parliamentary football committee and Rhodri Morgan, the chairman
of the House of Commons Public Administration select committee. The
motion also stated that allowing BSkyB to take-over United would ‘create
an unacceptable situation’ where BSkyB would own Europe’s largest football
club and be the largest purchaser of televised football, a move ‘which
would not be in the best public interest of fans, clubs or television
viewers and sport in general’ (Financial Times, 23 October 1998). Claiming that their motion was
‘not a protest against Mr Murdoch, but reveals widely felt concerns
about a concentration of ownership’, the MPs urged Peter Mandelson not
only to establish an inquiry into the funding of football by television
but also to refer the bid to the MMC without waiting for the verdict
of the OFT’s investigation. In a similar vein, the Foreign Office minister
and Greater Manchester MP, Tony Lloyd, had earlier expressed his own
concern that a BSkyB-controlled and Murdoch-backed Manchester United
might ‘get a degree of control which is unhealthy for the ordinary supporter’.
(Financial Times, 8 September 1998.)
The
BSkyB bid also confronted Peter Mandelson, the Secretary of State for
Trade and Industry, with a potential source of huge personal and political
embarrassment. His alleged friendship with Elizabeth Murdoch, Rupert
Murdoch’s daughter and managing director of Sky Networks, had been extensively
documented prior to the bid. Sky Networks had been a major investor
in the troubled Millennium Dome project. A web of intrigue had surrounded
the relationship between New Labour and the Murdoch media empire since
July 1995 when Tony Blair had flown to Australia to meet Murdoch in
person. Following that meeting, the Murdoch press had turned against
and away from the Major Government towards active support for Tony Blair.
A vivid example of the lengths which the government would go to cultivate
its media contacts was provided on 17 July 1998 when Gordon Brown flew
all the way to Sun Valley, Idaho, just to give a speech to a News International
Conference. Reassuring his corporate audience of New Labour’s good intentions
towards the corporate world, Brown began by contending that ‘successful
economies in a global marketplace will need more competition, more entrepreneur-ship,
more flexibility to adapt. Countries that do not have this are already
suffering lost markets, stagnation and economic decline.’ Brown sought
to define a ‘new politics of opportunity and responsibility, characterised
by the maximisation of economic stability, the promotion of opportunity
for all and the reduction of welfare dependency’. The old mantras of
‘Keynesian fine-tuning and rigid application of fixed monetary targets’,
which had been designed for ‘sheltered national economies’ had ‘now
broken down in our modern, liberalised and global capital markets’ (Brown,
1998).
At
an international level, Brown’s speech was in keeping with a broader
trend in politics which has seen politicians opportunistically seize
upon globalisation as an alibi for inaction, in economic and industrial
policy terms, on the grounds that the state is powerless in the face
of increasingly integrated global markets and their most important manifestation
– the multi-national corporations (Weiss, 1998).9 Indeed, from May 1995,
the OECD member states had attempted to negotiate a Multilateral Agreement
on Investment (MAI) which, if its completion had not been scuppered
by the sudden and unexpected withdrawal of the French Government in
October 1998, would have led to a new regime for investment under which
the capacity of national governments to regulate corporations would
have been dramatically reduced and, by the same token, corporations’
responsibilities, in the field of labour and environmental standards
in particular, would have been dramatically reduced.10 At the domestic
level, Brown’s speech coincided with the publication of the results
of the government’s year-long Comprehensive Spending Review which, in
the case of the DTI, had reaffirmed the degree to which New Labour had
largely accepted rather than fundamentally challenged the political
economy of its Conservative predecessors. The government’s subsequent
White Paper on Competitiveness, Our Competitive Future: Building the Knowledge-driven
Economy, did claim to have defined a ‘new model for public policy’
in which the role of the government’s industrial policy would be ‘making
markets work better’ through the promotion of innovation and entrepreneurship
(DTI, 1998:13). In reality, in terms of corporate governance, this was
little more than a restatement of the agenda most coherently spelt out
in the January 1988 White Paper, DTI
– the Department for Enterprise
(DTI, 1988) which had based the Thatcher Government’s industrial policy
on open markets and the enterprise of individual entrepreneurial initiative
(Lee, 1998a).11 The government’s (1998) White Paper did draw attention
to the 1998 Competition Act which ‘outlaws cartels and the abuse of
a dominant market position’. The government also stated that it had
‘no plans at present to change the merger regime’ but would publish
a consultation paper in early 1999 on the case for reform (DTI, 1998:51).
The
problem is that there may be a conflict between the desire to promote
competition and innovation by new market entrants, which could justify
ending the Premier League’s ‘cartel’, and the likelihood that ending
the ‘cartel’ might place certain clubs, not least Manchester United,
in a position where, even if it did not occupy a ‘dominant market position’,
it would nevertheless have the autonomy to generate a disproportionate
share of football’s income while still operating within the collective
structure of a football league system – both domestic and European.
Before his resignation, Mandelson had argued that competition policy
should be taken out of politicians’ hands, in a manner similar to the
removal of operational control over monetary policy to the unelected
Monetary Policy Committee. At the same time, although a new ‘Combined
Code’, based on the report from the Hampel Committee on Corporate Governance,
had been appended to the Listing Rules of the London Stock Exchange
from 31 December 1998 (Clarke, Conyon and Peck, 1998), the Code had
done little to redress the imbalance in corporate governance between
the rights and representation of the interests of major individual and
institutional shareholders, and those of smaller shareholders, whose
individual shareholding may be insignificant but whose collective shareholding
(as in the case of Manchester United) might be significant.
In
his evidence to the House of Commons Trade and Industry Select Committee
on the 4 November, when questioned about his stance towards the concentration
of media power, such as that generated by the BSkyB bid, Mandelson stated
that he was satisfied that the bid did raise competition issues, notably
‘the possible unfair advantage that BSkyB would be able to obtain through
ownership of Manchester United Football Club over other broadcasters’,
although he acknowledged that the director general of the MMC had also
stated that there were other public interest concerns legitimately raised
by the bid. Mandelson did not take the opportunity to indicate whether
he recognised these concerns. Instead, he stated that he was satisfied
the new competition regime established by the government, soon to be
codified in the 1998 Competition Act, coupled with existing specific
broadcasting legislation, provided ‘sufficient control in this area’.
Furthermore, he did not think that ‘there would be justification for
different prohibitions for different industries’ for ‘to start picking
and choosing and applying different sorts of legislation provision to
different industries and different markets will first of all be very
difficult to carry out but also will get you into all sorts of difficulties
and complications from which it will not be easy to extract yourself’
(TIC, 1998:Q.43–46).
The
unique nature of the BSkyB bid, and the problems it posed for the competition
authorities in the UK, was demonstrated when, in an unprecedented move,
the MMC published the range of issues which it would be examining. The
MMC asserted that it had taken this step in accordance with the government’s
open government policy ‘in order to allow others to make representations
to the commission’ before the submission of its report to the Department
of Trade and Industry on 12 March 1999 (The
Guardian, 10 December 1998). The reaction from the club to this
move by the MMC was to dismiss its significance by suggesting that the
club had already addressed many of the salient issues and none should
prevent the take-over. In a similar vein, BSkyB stated that it had ‘clear
and convincing responses’ to all the issues raised by the MMC. However,
Michael Crick, on behalf of SUAM, noted that the MMC appeared ‘to be
taking a very wide interpretation of what public interest means’ (Financial
Times, 10 December 1998).
English
football: a team game?
English
football’s governing associations are in trouble. The outcome of the
OFT’s case against the Premier League currently being heard in the restrictive
practices court could be of equal significance to the future of English
professional football as the government’s blocking of the BSkyB bid.
Having encouraged clubs to break away from the Football League to create
the Premier League in 1991, the Premier League has been faced with the
genuine possibility that, should the OFT case be upheld, England’s élite
clubs might themselves soon choose to break away from the Premier League
to participate in alternative competitions, such as the putative European
Super League. The Premier League has therefore mounted a vigorous defence
against the OFT. Prior to the start of the court case, it pledged that
live coverage of Premier League football would be ‘platform universal’,
i.e. available on terrestrial television, as well as other television
media, from 2001, if it was allowed to negotiate the next contract with
the broadcasters (Financial Times,
23 December 1998). Mike Lee, the Premier League’s spokesman, has argued
that, ‘[Collective bargaining] is the product of a democratic agreement’
since the 20 clubs sell their television rights collectively because
that is what they want (The Independent, 12 January 1998). The
Premier League has asserted that it is only the game’s governing body
which takes into account all aspects of the game, not least the need
to schedule fixtures in different competitions and to accommodate the
interest of all the League’s clubs. In practice, the League’s real concern
is that one exercise in the narrow pursuit of financial self-interest
is in danger of being supplanted by another narrower project.
The
OFT’s rival contention is that the current arrangements result in the
screening of only 60 live matches per season out of a total of 380 Premier
League fixtures, and therefore supporters are denied the chance to see
their clubs on television on a more regular basis, while other broadcasters
are being prevented from providing that service to those supporters.
Furthermore, the OFT does not believe that the removal of the arrangements
would change the role of the Premier League significantly, create chaos
or deny clubs their current financial and amenity benefits. Most importantly,
the OFT does not believe that ‘the redistributive arrangements provided
for by the current agreements are the only means of securing such claimed
benefits’ (OFT, 1999). It argues that there could be a very different
redistributive settlement, irrespective of whether the Premier League’s
television contracts are negotiated collectively or individually, if
the clubs were to recognise their obligations to their brethren in the
Football League and beyond.
Among
those who have supported the Premier League’s defence are the Football
Task Force. In its most recent report, the Task Force has contended
that between 1997 and 2001 the Premier League will be spending £50 million
or around 5 per cent of its income outside the Premier League. However,
this transfer of revenue is largely dependent on the level of transfers
from the Football League to the Premier League – currently a diminishing
asset because of the perception of better value from money from abroad,
especially post-Bosman. The Task Force wishes to see an equivalent sum
invested in ‘grass-roots facilities and projects’ as opposed to the
Football League, noting that one unidentified city council in the north-west
has a £2.8 million backlog in maintenance at its 38 sports sites. It
is not just the grass roots but the actual subsoil of English football
which has been allowed to deteriorate (Conn, 1997:254-279). The sale
of an estimated 5,000 playing fields and the often squalid condition
of the remainder is in part testament to the recent priorities of national
government, local authorities and schools when confronted with the constraints
of public spending and the national curriculum. It also reflects the
FA’s historical reliance upon local authorities for the provision of
pitches to satisfy the requirements of its 43,000 amateur clubs. What
the Task Force has highlighted is a long-standing shortfall in capital
investment in the infrastructure of the amateur game in England which
is unlikely to be remedied either by the terms of the Comprehensive
Spending Review (CSR) for the Standard Spending Assessments of English
local authorities or by the maintenance of the 16.66 per cent share
of National Lottery funding for sport (DCMS) – given the many other
and higher priorities for funding from these two revenue sources (Lee,
1998b; 1998c). Many struggling English amateur clubs will have seen
a certain irony in the fact that the alleged loan of £3.2 million which
led to the resignation of both the chairman and chief executive of the
FA was intended for investment in the grass roots of Welsh football.
The
Task Force has also called for more community schemes which mobilise
football to tackle social exclusion for, at present, it claims players’
contractual obligations to the community are often ‘more honoured in
the breach than the observance’ (The
Independent, 12 January 1999). This report has vividly demonstrated
the limitations of the Task Force’s role in the governance of football.
It has resorted to exhortation because moral suasion is its only weapon
against the Premier League clubs. In a world of public limited companies
and football club subsidiaries, it has no other leverage. At the same
time, the strident tone of the criticisms of professional footballers
by the Task Force’s chairman and his downplaying of the significance
of the community schemes run by the PFA, led to the resignation from
the Task Force of Gordon Taylor, the PFA ’s general secretary. Taylor
has spoken of David Mellor’s ‘vindictiveness towards players’ and his
failure to recognise the £500,000 annual contribution by the PFA to
its Football Club and Community Programme (The
Guardian, 9 January 1999). Coupled with the resignation of Graham
Kelly and Keith Wiseman from the FA, this row demonstrates the extent
to which English football is now lacking authoritative leadership at
precisely the time when its structures are confronted by some of their
most major challenges. Having attempted on three previous occasions
during the past decade to streamline its procedures, and having been
obstructed by its 91-member Council or its shareholders, the FA will
soon attempt to launch its own modernisation for the fourth time.
The
Third Way or Third Division for football’s governance?
English
football urgently needs a more effective process of governance. However,
given its passive stance towards take-overs and consolidation in the
electricity generation and water industries (e.g. the PowerGen take-over
of East Midlands Electricity and the Enron take-over of Wessex Water)
and its guarded and diluted proposals for addressing public concern
about the performance of the privatised railways and other utilities,
the government has demonstrated that it does not have the stomach for
stronger regulation. Recent attempts to define the Third Way have confirmed
the marginalisation of the concept of stakeholding in the government’s
thinking (Blair, 1998; Giddens, 1998). However, the most important reason
why the Blair Government is unlikely to intervene to challenge the privileged
role of big business in an increasingly corporate-driven future for
English professional football is that it would mean challenging the
privileged role of big business in the whole New Labour project, not
least the rebranding of British national identity.
When
New Labour fashioned the Department for Culture, Media and Sport (DCMS)
from the old Department of National Heritage, the Culture Secretary
Chris Smith described it as ‘a department of the future’ which would
enable the British people to discover ‘a new sense of our culture and
our identity’ (DCMS, 1997a). Indeed, Smith has subsequently suggested
that cultural activity is a key to a new sense of identity for the British
people ‘of who and what we are [and] to set a sense of direction for
our society which would otherwise be impossible’. Indeed, the redefinition
of British identity will enable the British people to be reconciled
with Economic and Monetary Union and devolution (Smith, 1998:22–23).
The creation of the DCMS has been part of the rebranding of Britain,
a project encapsulated in Mark Leonard’s pamphlet, Britain TM, which portrays Britain as a
corporate trademark in urgent need of modernisation. Thus British national
identity, or rather UK plc (for national identity is equated with the
corporate identity of the multinational) is to be ‘rebranded’ to reflect
Britain’s, or rather London’s, renaissance (for Britain is in reality
the metropolis, or more specifically its dynamic cultural, media-based
and financial service industries) as the coolest capital in the world
(Leonard, 1997:12). Chris Smith has himself referred to how, ‘The recent
Demos work is frightening in the evidence it amasses, about the way
in which as a nation we look backwards – and the impact this has on
others’ view of us, as well as on our own view of ourselves’ (DCMS,
1997b). In reality, far from being the heavyweight and scholarly tome
Smith implies, Britain TM
is nothing more than a mere wafer-thin, 75-page pamphlet from a metropolitan
think-tank, Demos. The only frightening aspect of it is the arrogance
with which it seeks to impose an inherently and unashamedly top-down
project upon the nations and regions of Britain – an exercise subsequently
repeated for the European Union (Leonard, 1998).
England
plays no part in this rebranding exercise. At club level, English football
reflects the expression of a diversity of local English identities rather
than a singular British identity. At national level, as Euro ’96 and
the recent World Cup demonstrated, the England team provides an alternative
focal point for English rather than British national identity. Neither
manifestation of English football culture sits comfortably with the
Blair Government’s rebranding of Britain, especially at a time when
devolution for other parts of the UK could fan the flames of English
nationalism (Lee, 1999). Under New Labour, the DCMS, the department
primarily responsible for the Government’s contribution to the governance
of English football, is preoccupied by a culture-led exercise in British
rebranding. It has studiously avoided any references to England or English
identity. Sport has become the Cinderella activity of the DCMS as demonstrated
by the fact that, after 18 months in office, the government has yet
to deliver its strategic vision for sport. Furthermore, funding for
sport under the DCMS’s Comprehensive Spending Review settlement is set
to increase from a mere £49 million in 1998–99 to £52 million in 2001–2,
an increase of only £6 million out of a total increase in DCMS spending
of £290 million (DCMS,1998). Despite being essentially an English department,
because it co-ordinates policies for England and its regions which have
long been devolved to the Scottish, Welsh and Northern Ireland Offices
and which are now accountable to directly elected structures, the DCMS
has confined the development of a distinctively English agenda to a
commitment to tidy up the landscape of unelected quangos which administer
sport (and culture too) in the England regions so as to create clearer
financial accountability (Lee, 1998c). Consequently, the DCMS has adopted
an essentially passive and reactive stance towards developments in English
football, as its relaxed attitude towards the recent negotiations over
the future ownership of Wembley has demonstrated.
Neither
of the competition authorities nor BSkyB would have needed to have been
involved in the future governance of English football, had either the
FA and Football League (or those associations in tandem with the Thatcher
and Major Governments) launched the fundamental reassessment of English
football which the late Lord Taylor had called for in 1990. The vacuum
which was left by their respective inaction and non-intervention has
been filled by the Premier League and BSkyB. For their part, the football
authorities are now belatedly showing signs of action, closing the stable
door not only after the horse has bolted but after the stables themselves
have been redeveloped into exclusive private apartments for a rich élite.
The Premier League is vigorously defending the OFT case and pleading
that it has acted in the general interest of its member clubs. It has,
but its motives acted against the wider interest of English football
as a whole. The Premier League is now in danger of being supplanted
by a further exercise of corporate self-interest. Whatever the manifest
shortcomings of the private associations which have governed English
football in the past, one cannot escape the fact that government has
a vital role to play in corporate governance because ‘it is the only
power in any land which can strike a balance between the conflicting
wishes of competing interests’ and is ultimately the creator of the
framework within which these interests compete (Charkham, 1995:2). Thus,
the fact that corporations now increasingly control football, and have
managed and rebranded it as a commercial venture, is not a spontaneous
act of nature which the state is powerless to prevent. The government’s blocking of the BSkyB bid
for Manchester United was a welcome demonstration of the state’s continued
power over such processes. It is to be hoped that the government’s response
to the final reports from the Football Task Force will build on this
initial result.
Notes
1
Commodification has been defined as ‘the process by which more and more
goods, services or human relationships become tradeable in a market
and produced for profit’. (Abercrombie,
1996:110).
2
Corporate governance has been defined as ‘the mechanisms by which companies
are controlled, directed and made accountable’. (Clarke, Conyon and
Peck, 1998:22). The principal official reports on corporate governance
have been delivered by Cadbury (1992), Greenbury (1995) and Hampel (1998).
For a cross-national comparison of patterns of corporate governance,
see Charkham (1995).
3
Although under the current BSkyB deal, Premier League clubs receive
£247,593 for each of their guaranteed minimum three live appearances
per season on Sky, this sum is widely regarded by media analysts as
derisory compared with the projections for income which United might
derive from pay-per-view, especially if the club was free to negotiate
its own television deal.
4
Based on existing share prices at the time of the BSkyB bid, it was
calculated that (at least notionally) BSkyB could have bought up to
seven other Premier League clubs for its £623.4 million investment in
Manchester United. These other clubs were Liverpool (then capitalised
at £144 million), Newcastle United (£104 million), Aston Villa (£73
million), Tottenham Hotspur (£64 million), Leeds United, owned by Leeds
Sporting (£50.6 million) and Charlton Athletic (£17.4 million). (The
Times, 10 September 1998.)
5
On the 21 September, BSkyB announced that it had irrevocable undertakings
or owned a total 25.75 per cent of United shares (The Times, 22 September 1998). By the end of October, BSkyB had secured
effective control over the club by virtue of its having received acceptances
from shareholders representing 33.5 per cent of the shares, including
irrevocable undertakings to accept the offer from United directors to
augment the 11 per cent of shares it had already bought or was in the
process of acquiring on the open market.
6
The propaganda war to persuade supporters of the club’s best intentions
was soon initiated. At the first home game following the announcement
of the BSkyB bid, the match programme carried the news that a £30 million
redevelopment of Old Trafford was to take place to enable the capacity
to be raised from its present 55,300 to 67,400. Work would begin on
the addition of an extra tier of seating to the Scoreboard End of the
ground in May 1999, to be followed by the addition of an extra tier
at the Stretford End by August 2001. Supporters’ attention was also
drawn to the forthcoming £15 million investment in a new training complex
at Carrington and also a Sunday
Mirror survey which showed that the club’s admissions prices remained
among the cheapest in the Premiership. United’s season tickets were
rated the seventh cheapest. (United
Review, vol.60, no.4, 12 September 1998).
7
When the Football Task Force had held one of a series of roadshows in
Manchester, Mellor was reported to have cried off through ill-health
from attending a meeting dominated by demands from supporters for the
reintroduction of terracing, not least at Old Trafford. Fortunately,
Mellor sustained a miraculous recovery to fulfil a speaking engagement
the evening after the roadshow.
8
In the aftermath of the Miners’ Strike and the News International printworkers’
dispute at Wapping, supporters found themselves increasingly subjected
to new police tactics and powers developed to control pickets and urban
rioters. For example, the tactic of turning back coach loads of pickets
en route to working pits during the miners’ strike was later deployed
on several occasions to prevent supporters attending potentially explosive
end-of-season fixtures.
9
Hirst and Thompson have rejected the thesis that the contemporary world
economy is more open and integrated than ever, pointing to the nature
of the world economy between 1870 and 1914. Furthermore, because of
it being the source of laws and regulations, they have asserted that
the nation state has a vital role to play in the governance of markets
at not only the national, but also the international, supranational
and global levels. (Hirst and Thompson, 1996:192).
10
For an analysis of the MAI negotiation and the Blair Government’s policy
towards it, see TIC (1998).
11
For an analysis of the implications of the Comprehensive Spending Review
for the DTI, see Lee (1998a).
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