“They have transmitted the entire tournament to the clubs without paying them a sol” | INTERVIEW League 1 Betsson

-How do you interpret the judicial resolution that annuls the precautionary measure that was in favor of the FPF?

With the resolution, the Judiciary has returned to the Consortium full validity to all the contracts that we had signed, including the first clauses of the contracts of the other teams. In other words, today the Consortium, in addition to the contracts with Universitario, Sport Boys, Municipal and Mannucci, has a current contract with Alianza Lima, Melgar, Cienciano, Binacional and Cusco FC. And in addition to that, it has a first option clause in force with several other Peruvian soccer clubs, including Sporting Cristal.

-Then why does the FPF deny that?

This resolution has also had the merit of revealing the way of acting of the FPF, the same one that I regret. From the beginning we pointed out that the precautionary measure was, at least, suspicious, and that was evident. And in this way of acting, contrary to the laws, the position they have constitutes a permanent coercion on the football clubs.

-The Consortium-clubs contract has more weight than the FPF regulations?

Here are two points. The first is that in Peru, contracts have constitutional protection. In other words, the Constitution says that what the parties to a contract agree cannot change, not even a law. If a law cannot change the obligations of a contract, much less will the regulation of a civil association such as the FPF. In this sense, this regulation, with regard to the current contracts that we have with the clubs, is inapplicable.

-And what is the other point?

That the regulation was modified, not only during the championship, which is already wrong, but that it occurred after all the clubs had already signed their contracts.

-Is the Consorcio/Gol Perú going to broadcast the matches from now on?

I prefer to go step by step, if you allow me. This weekend, with great joy, we are going to broadcast the Alianza Lima match against Municipal, the one between Universitario vs. Sullana and the one from Sport Boys against Cantolao. The entire production team is working on it.

-But the locals (Municipal, U and Boys) are the clubs with a contract recognized by the FPF. Not that the landscape has changed…

We are going step by step. This is the step that we have this week.

-And the next one?

I’m talking about this week.

– The lawyer Carlos Caro says that now the clubs must present their contracts. What is sought with that?

The contracts have always been known, if not how do you think the Federation has collected 10% all these years. They have collected 10% every year and come to say that they do not know the contracts. Also, this is a rehash, it is a March resolution that has just come down to the room for execution. You are putting up a smoke screen regarding the real problem.

– Are the contracts going to be presented?

We are law abiders. We and the clubs have delivered everything that the Judiciary asks of us. Rather, those who have not delivered documents are those of the Federation, or why they believe the raids took place. They were raided twice. Those who do not comply are them.

What could happen after that?

Hopefully the contracts will be made public. We cannot do it due to a confidentiality clause, so we cannot do it. But when they are exhibited, people are going to draw their own conclusions and they are going to see the magnitude of the economic damage that the Federation is doing to the clubs.

-In that case, the fan will continue with the uncertainty of not knowing which channel they will see their team on. In the end, he is the most affected…

I repeat it to you: our contracts are fully in force and the regulations of a championship of a civil association, which on top of that does not even have its statutes well registered in Public Registries, cannot violate said link between two parties made previously and which has constitutional defense. It is no head fits. The law is on our side.

-What should happen for the Consortium to broadcast the matches of the other teams again?

Let the law be fulfilled. We are respectful of the law, we have shown it. Even when the precautionary measure came out, we criticized it, we said that it was contrary to the regulations and as rare as possible, but it was still a court order and we respected it. Now we have the serenity that the right is on our side.

-The FPF pointed out that the clubs should not have signed the renewal with the Consortium because the television rights belong to them. That’s right?

Completely false. The clubs have had those rights all their lives. Until 2018, the tournament rules clearly stated that the television rights belonged to the local clubs. Only in the year 2019, in unregistered statutes, did they begin to talk about TV rights for the federation. Then it was modified into something that is also not registered. So there is no question that really protects the right that the FPF alleges. In any case, the clubs previously and under the regulations of that time, signed their TV contracts. Those links were signed with a first option clause. Therefore, the contracts are legitimate with rights that corresponded to the clubs and an absolutely legitimate clause, valid and today, thanks to the Judiciary, in force.

-What does the Consortium plan to do if the FPF continues without recognizing the renewal of the contract or the first option clause?

Step by Step. There are a lot of pending processes that are open in different instances and that will bear fruit. For now, one has already fallen: the precautionary measures have been annulled. Everything follows its course. We have calm, peace and tranquility. This will fall under its own weight.

– Has the Consortium talked with the opposition clubs after the annulment of the precautionary measure?

The Consortium constantly talks with all the goodwill actors of Peruvian soccer.

-What will happen to the clubs that did not respect the preference clause and received money from the FPF?

Those clubs have a first option clause that is in effect. That clause binds them. If they decide not to comply with it, that same contract contemplates some penalties.

-In theory, these clubs have already received money from the FPF for TV rights…

I don’t know that. It is an issue that they will have to see. The only thing I know is that the federation handed over money without an invoice, without a receipt, which they will have to account for. That is very strange.

-What do you mean?

At the time I pointed it out: this distribution of money is very similar to a distribution of profits and that is prohibited by law. If a non-profit civil association, such as the FPF, distributes profits to its associates, it loses the IGV benefit. We are talking about 18%. The Sunat must be looking at the issue. There is a serious problem that the FPF has gotten into.

-What will happen to the clubs that still have a contract and that when they finish they will not be able to enforce the preference clause either?

Those contracts have first option clauses that bind them. In the case of Universitario, there is a suspended contract that binds it until 2040. We are completely calm due to the solidity of our contracts. The Federation has tried to violate these contracts, but that is not going to happen. We will certainly have to take some serious damage from the FPF, but the waters will return to normal soon.

– Has the Consortium already denounced or will denounce the FPF for the damages?

I prefer to leave it there for now.

– Is it profitable for the Consortium at this time to continue transmitting four teams?

The Consortium arrived many years ago to help Peruvian soccer. The investment that was made here is far beyond what any other company has invested. And the future investment projection is even bigger. In such a way that our operation is not seen in six months or a year, it is a long operation. Today we have Universitario, Municipal, Boys and Mannucci, and it is tremendous happiness. We are satisfied that, despite this setback, the situation in which we find ourselves is good. Even the audience measurements reflect that we are doing well. I don’t know if anyone else can say the same.

-Liga 1 max said publicly that if Gol Peru wants to broadcast, they sit down to negotiate, is it a possibility for the consortium?

I have nothing to say.

– Was there never any intention on the part of the Consortium to talk with the FPF?

We have the law on our side and that gives us peace of mind. From the first moment we have always been talking with the federation, we have years of relationship with them, not just with one person. But unfortunately this management decided to kick the table as it has done, breaking laws and regulations, but also violating a good economic operation for the clubs in exchange for what they have now.

-What do they have now?

They have transmitted the entire tournament to the clubs without paying him a sol. More abuse than that cannot be done. They haven’t been paid a sol so far. Does that seem okay to you? No. They’re not okay. And I deeply regret it.