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German football gives way to fans on outside investment

The German football league (the Bundesliga) has called off talks over a potential investment from private equity after mass protests from fans, the third time it has failed in its efforts to bring in outside capital.    This means Germany has kept to its Sonderweg.

The notion of a Verein or association is deeply embedded in German culture and it is possible to characterise Germany as an ‘associative state’.  Leaving aside a couple of company owned teams such as Bayer Leverkusen, football clubs in Germany were Eintrager Verein  (e.V.) or member associations.   In 1998 the German football association adopted the 50+1 rule which has been much admired by reformers in Britain.  This allows the club to become a commercially run entity (such as a limited liability company) and distribute profits to its investors. At the same time 50 per cent plus one of the voting shares must remain in the hands of the e.V., so that ultimately the members’ associations retain control.   

The rise of a 'franchise' club in the shape of RB Leipzig presented a challenge to the 50+1 model. They were formed in 2009 by acquiring and renaming an existing fifth division club.  They evaded the 50+1 rule since their handful of members is largely drawn from executives of Red Bull GmbH, the manufacturers of the energy drink which also has a team in Austria.

Particular resentment was directed by fans at Hoffenheim, a village with a population of just over 3,000 in southern Germany, and their president Dietmar Hopp.   Hopp is a billionaire, who made his fortune in IT.  He is a divisive character in German football, having bankrolled Hoffenheim up from the fifth tier to the Bundesliga between 2000 and 2008.  He is seen as a symbol of the commercialisation of German football.

 In 2015, Hopp was allowed to take a majority voting share - one of three exceptions (the other two are works teams) to the 50+1 rule which means members must own more than half the shares in their club.  This because is of the Leverkusen rule developed to take account of the case of Bayer Leverkusen which has links with the chemical company but was founded by factory workers.   'Lex Leverkusen' allows scope for investors who have been funding the parent club ‘continuously and substantially’ for more than 20 years to bypass the 50+1 regulations.  In February 2020 opposition to Hoffenheim by ultras led to bizarre scenes at a match against Bayern Munich when both sides withdrew their keepers for the last 13 minutes and passed the ball around after an offensive banner about Hopp had been displayed by fans.

Fans protest against global capital

Deutsche Fussball Liga, which operates the top two tiers of German football, had been hoping to sell a €1bn stake in a new company that would control broadcast and commercial rights. It initially attracted interest from several large private equity firms. But many fans oppose inviting global capital into the domestic league and several matches have been delayed or disrupted in recent weeks by demonstrators throwing chocolate coins, sweets and tennis balls on to the pitch. At a match between Hansa Rostock and Hamburg last weekend, stewards had to chase remote-controlled cars loaded with smoke flares around the pitch.

The money raised from investors would have been used to improve broadcast operations, including a possible new streaming platform. Many German football executives worry the league is falling behind rivals in Europe because of a lack of international interest in the matches. However, at an extraordinary meeting in Frankfurt on Wednesday, clubs voted not to proceed with the investment negotiations. Hans-Joachim Watzke, chair of the DFL steering committee, said the battle over investment “threatened to undermine the integrity of the competition”, and meant the league could not guarantee that any contract signed with an investor would be “sustainable”.

The investment plans ran into fierce opposition from German fans, who were concerned that the arrival of global capital would undermine the traditions of the domestic game. German football already has rules that limit the involvement of outside investors in team ownership, although they have been evaded in particular cases.

Daniel Mittler, the managing director of German consumer finance lobby group Finanzwende said the DFL’s decision was “good news for all football supporters”. There had been growing doubts among club executives about private capital investment in the DFL.

The chief executive of league leaders Bayer Leverkusen told the Financial Times this month that there were more effective ways of boosting the league’s appeal, such as allowing individual clubs to bring in outside investment.

Last week CVC Capital Partners was left as the only bidder still in the process after Blackstone decided to withdraw. CVC, which has investment deals with the Spanish and French football leagues, declined to comment. The collapse of the current round of talks follows two previous failed attempts to bring in outside investment. Clubs voted against a far larger investment proposal last year that could have raised more than €4bn.

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