In Focus: Regulation In Football - Key Developments For 2025

Following a stellar year of sport, Catherine Forshaw, Senior Associate in the sports law team at purpose-led law firm Brabners, outlines the key regulatory developments set to impact football in 2025.

2024 has been another huge year for football, with landmark events including the Euros and Copa America ensuring that the eyes of the world have rarely been short of an elite spectacle.

This has inevitably led to further scrutiny of the rules and commercial interests surrounding the game and the wider sporting landscape. How these issues develop in the year to come could have huge regulatory implications.

In this fluid environment, it’s more important than ever for clubs and governing bodies to stay on top of the latest policy changes and identify how new legislation may impact their financial health, reputation and the welfare of players.

Football Governance Bill

The Football Governance Bill – and subsequent introduction of the long-trailed Independent Football Regulator (IFR) – marks a significant shift in sport governance in the UK.

In essence, the Bill aims to ensure financial sustainability for clubs and protect fans by requiring club owners to meet specific thresholds to obtain a licence. While the newest draft of the Bill retains these core recommendations, a selection of changes made by the UK government in October 2024 will have big implications for clubs across the football pyramid next year.

One addition is the IFR’s new ability to consider the level of ‘parachute payments’ given to relegated Premier League clubs when deciding whether to ‘intervene’ in the financial distribution regime, which the leagues currently decide between themselves. Clubs are also now mandated to consult with fan-elected representative groups when considering ticket-price increases and stadium relocations.

Perhaps the most interesting change, however, is the removal of the provision requiring the IFR to consider the UK government’s foreign policy objectives when approving the acquisition of UK clubs. This comes following threats by UEFA to exclude English clubs and the national team from European competition in the event of disproportionate ‘government interference in the running of football’. 

The Department for Culture, Media & Sport (DCMS) has stated that the removal ‘makes it absolutely clear’ that the IFR will maintain its operational independence when testing the suitability of owners in the English game. However, what remains to be seen is whether that clause’s removal by itself will be enough to appease onlookers overseas.

With a ‘shadow’ regulatory team already up and running, we could see the bill gain royal assent by May, in what will be a pivotal moment for the game’s development in the UK.

Wider governance considerations

Alongside reshaping the way English football is run, the success – or failure – of the IFR could serve as a template for other sports facing similar governance challenges, with the need for independent regulation already extending beyond football.

The rise of the UK’s version of Baller League will also be particularly interesting to witness. Backed by YouTube influencers such as KSI and ex-professionals including Gary Linker and Luis Figo, the success of the digitally streamed six-a-side tournament will pose an interesting dilemma for governing bodies aiming to cement football’s relevancy amongst an audience base with shifting priorities and media consumption habits.

Gender participation

The inclusion of transgender athletes and athletes with Differences in Sex Development (DSD) in elite sports has long been the subject of debate.

As recently as November, a protest took place over The FA’s transgender inclusion policy outside Wembley Stadium, following the banning of a teenage girl over remarks made to a transgender opponent in a grassroots match.

The case has highlighted The FA’s view that “…gender identity should not be a barrier to participation in football which is governed by the FA…” While The FA recognises football is a gender-affected sport of a competitive nature, the general position is that the inclusion of transgender participants cannot be restricted unless it is strictly necessary to pursue a legitimate aim, namely securing fair competition and the safety of other participants.

The sensitivity and divisiveness of the issue indicates that The FA will likely come under increasing pressure to clarify this approach in the months to come.

Doping

The fight against doping is also set to evolve. One significant change set to take hold in 2025 involves inhaled formoterol, commonly used in inhalers for conditions such as asthma. Moving forward, footballers will only be able to inhale up to 36 micrograms of formoterol over any 12-hour period, with a Therapeutic Use Exemption (TUE) necessary for any therapeutic use that exceeds these permitted limits.

Asthma is one of the most common conditions amongst professional sportspeople, with a 2017 study indicating that up to 27.8% footballers are affected by the issue. So, a failure to acknowledge and comply with these changes could have real implications for clubs and professionals across the game.

Another interesting development to keep an eye on is the progression of the Enhanced Games. Launched by Australian businessman Aron D’Souza, the Enhanced Games is a planned international sports event where athletes will not be subject to drugs testing. While the current scope of the games doesn’t include football, it’s success could determine whether the organisers expand their reach to incorporate other sports

Calendar congestion  

FIFPRO Europe player unions and FIFA often manage to work harmoniously, but tensions between the two certainly came to a head following FIFA’s decision to add the new 29 day, 32-club FIFA Club World Cup (CWC) onto the end of the 2024-25 season.

With the Premier League finished on May 25th and followed closely by the UEFA Champions League Final and Nations League Finals, the decision to run the CWC just four days later in the USA has caused FIFPRO to submit a legal challenge as to the legality of FIFA’s international match calendar (IMC). 

FIFPRO argue that this scheduling violates the rights of players and their unions under the EU Charter of Fundamental Rights (CRFEU). They also argue that the imposition of the IMC by FIFA is in breach of EU competition law, in that it is a unilateral and discretionary decision which is not the result of clear, objective, transparent and non-discriminatory legal frameworks. This is necessary following the Court of Justice of the European Union’s (CJEU) recent decision relating to the European Super League (ESL).

This represents the latest development in the ongoing tensions between stakeholders regarding the scheduling and expansion of football competitions – and it is unlikely to be the last.

As such, it’s important that clubs and governing bodies take proactive steps to ensure regulatory compliance, to leave them in prime position to capitalise on another year of growth for the industry while supporting the welfare of players.

The specialist sport team at Brabners is recognised nationally and internationally as one of the largest and most experienced multidisciplinary legal teams in the industry. It has acted in many of the leading cases that have helped to shape the current sports law landscape.

For more information on how our team can support you and your organisation, contact Catherine.Forshaw@brabners.com.