Spoken to a Premier League source this morning about their response to the NCSL Letter Before Action. They remain "confident" in their legal position and have denied a breach of competition law. They also question the NCSL's 'standing'.
NCSL must prove they've been financially/directly affected by PL's conduct. This will mean convincing a judge the PL forced a bid withdrawal denying investment to both club and community. But that's harder to prove (rather than just allege) without official support from #NUFC.
The PL have not provided disclosure of "relevant documents". It's unclear what a 'relevant' document would be in this context. But what is clear is if NCSL want privileged information they are going to have to go to court for it. This is likely to be expensive and take time.
It's very difficult to get an expedited case heard at the Competition Appeal Tribunal (CAT) & highly unlikely this would happen before club's own legal case is resolved. Also told NSCL would have to show a proposed resolution, which they may not be able to do due to their remit.
The good news is the Premier League are engaging with the NCSL. But the next significant step would need to be a court case asking for privileged and/or 'relevant' information that the Premier League currently refuse to provide.
The key is whether NCSL will now take this court and how they'll fund that. Club/PIF unlikely to foot bill. A Letter of Action doesn't cost anything... a lengthy court case does. And if they start one, without standing, the Premier League will in all likelihood win.
PIF don't appear in the loop (at least yet) on the PL's response. And the reason I suspect they'll at best verbally/privately support action is because they are keeping a safe distance for now and waiting on the club's legal case.
NCSL deserve huge credit for trying to get answers, and it is testament to their efforts that the PL have provided a meaty reply. But it's a long legal road ahead if they're to get the answers and a resolution. And it is still unclear what the latter would be.
Just to add, consortium’s withdrawal helps the Premier League because they can’t be held responsible for financial ‘damage’ if the party investing pulled out. Of course, consortium’s counter is they were forced out as part of a deliberate tactic...
But ultimately club’s case into the conduct of the O&D Test would need to determine that. NCSL’s challenge, as an outside group, is proving a withdrawal was orchestrated by the PL. It’s a powerful narrative to allege, but harder to prove without official club/consortium support.
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