I've been looking into the details of the O&D test in the Premier League handbook. This is the de facto contract between the member clubs and the league, and so I hoped it'd give me a clue what the hold up might be. 1/n
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Note: I'm not a lawyer. I do have extensive experience of negotiating (in both senses) commercial contracts in my capacity as a business director. Obviously what follows is based on a number of assumptions, but hopefully is reasonably accurate.
2/n
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The section relating to the O&D test is Section F. Now obviously this test takes place any time there's a new proposed director appointed. But the clauses covering the test are quite explicit. Stay with me. This is important. Very important...
3/n

The reason this is important is because the clauses (F2-F4) that cover the submission also provide timescales. Not for the completion of the entire process, but they do provide a frame of reference.
4/n
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The longest timeframe mentioned is 21 days. That's what it takes for a club, promoted from the Championship, to be waved through. 3 weeks (or just over 4 weeks on a 5 day working week). Probably where the fabled "3 or 4 weeks" came from.

5/n
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Rule F4.2
"within five Working Days of receipt thereof the Board shall confirm to the
Club whether or not he [proposed director] is liable to be disqualified..."

This isn't a decision, but an indication of what the decision is likely to be.

5 days.
6/n
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Now my first thought was - this rule won't apply because PIF/RB/PCP aren't actually a member club yet.

But that's covered by rule F4.1, which states that once the Declaration is submitted, that person is subject to and bound by the rules.

Which is good because...
7/n
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...of this word:

"...shall..."

Legally, it's an important word. It doesn't mean "may" or "might" or "could". It's imperative. The PL must provide an indication of the outcome pretty early on in the process.
8/n
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The PL would be on pretty thin ice if they rejected one of the proposed consortium without firm evidence. And I'm sure we would have heard about it by now. So we can assume that no such rejection had been received.

Legally, there's nothing stopping PIF taking control today.
9/n

But there's a difference between legally and practically. If PIF take control and then the PL ultimately choose to disqualify a director, the consequences for the club could be catastrophic. Which is what keeps the takeover bid in limbo.

10/n

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The question is, Have the PL provided confirmation that the proposed directors are *not* likely to be disqualified?

If they haven't, then they're in breach of their own contract.

They risk being sued. For a lot of money.
11/n
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Of course this is a civil case. The other question is: by blocking the takeover by dragging their heels are they acting illegally stifling competition? Anti-trust laws are there for a reason.

The PL must start talking now and explaining their actions.
12/n

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The only reasonable explanation for such a high risk strategy by the PL is that they're protecting their partners interests above all else.

It seems that the hashtag #PremierLeagueAreCorrupt isn't just fans venting, but could actually be accurate.

/end

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