Mar 3, 2014, 7:43 AM EDT
Liverpool owner John Henry has reportedly admitted that Luis Suarez had a 40 million pound ($67 million) release clause in his last contract and despite Arsenal’s £40 million plus £1 offer last summer, the club simply refused to sell the striker.
“Luis Suarez is the top scorer in the English Premier League which is arguably the top soccer league in the world,” Henry noted while speaking as a panel member at the MIT Sloan Sports Analytics Conference last weekend.
“And he had a buy-out clause – I don’t know what degree I should go into this – but he had a buy-out clause of £40m. So Arsenal, one of our prime rivals this year, they offered £40m and one pound for him and triggered his buy-out clause.”
The story concerning Suarez’ possible transfer was one of the biggest transfer topics of last summer. The Uruguayan striker, who was in the midst of his 10-match ban for biting Chelsea’s Branislav Ivanovic, was unsettled at Anfield. He wanted to play in the Champions League and when he heard of Arsenal’s interest in him, considered putting in a formal transfer request or even taking legal action.
His basis for a potential legal action was the presence of the buy-out clause, a contractual provision that typically allows a player to leave a club if the stated value is triggered by an offer. Given Arsenal’s now famous £40m + £1 offer, it would seem Suarez had the grounds to bring such a suit.
So how did Henry get around the problem? Staunch refusal, for one thing.
“What we’ve found over the years is that contracts don’t seem to mean a lot in England – actually not in England, in world football. It doesn’t matter how long a player’s contract is, he can decide he’s leaving.
“We sold Fernando Torres for £50m. We didn’t want to sell but we were forced to. For the first time (with Suarez) we took the position that we weren’t selling.
“Since apparently these contracts don’t seem to hold, we took the position we’re just not selling and it’s been great for Luis, it’s been great for us, and what will happen at the end of year, I think we’re going to make Champions League and we have a small chance of winning the Premier League this year.”
Sitting in 2nd place four points adrift of leaders Chelsea and with a favorable schedule remaining, few will deny Liverpool’s title chances. But what about the legal implications of what Liverpool has done with regards to this buy-out clause?
Did John Henry pull off something illegal? Did/does Arsenal have a legal claim to Luis Suarez? Will this situation render buy-out clauses unenforceable in world soccer?
No, no and no. The real key in this case, as in all buy-out clause situations, is the structure of the language in the clause. And in Suarez’ case, the language was incredibly broad. The contract did not say – ‘if a bid of £40m is received, Liverpool must sell.’ As explained by Professional Footballers’ Association boss Gordon Taylor last August, it said – “if there is no qualification for the Champions League and if there is a minimum offer of £40m, then the parties will get around the table to discuss things.”
In other words, by including this good faith language requiring the parties to discuss the possibility of a transfer, that hugely softened Suarez ‘buy-out’ clause to the point where, well, it wasn’t really a buy-out clause at all.
Liverpool abided by the terms of the agreement, met with Suarez, discussed with him that they didn’t want to let him go – or, as many speculate, that he would stick it out one more season and could leave if the club didn’t qualify for Champions League – and that was it.
Terms of the contract were met. No legal claim for Suarez or Arsenal. Really, really good lawyering on the part of Liverpool.
Mar 28, 2015, 9:04 PM EDT
Sporting KC get their first victory of the season, while NYCFC suffer their first defeat of the year — and history.
Mar 28, 2015, 6:30 PM EDT
It wasn’t a great day to be a traditional European giant, but it was a great day to be Gareth Bale and Wales.
Mar 28, 2015, 5:00 PM EDT
A dominant performance — and the three points to match — from the Revs…finally.
Mar 28, 2015, 4:30 PM EDT
Think that MLS playing through int’l windows isn’t a big deal? Let’s ask Orlando City what they think about it.
Mar 28, 2015, 2:50 PM EDT
Campbell was capped 73 times, and is England’s second-youngest captain. Clearly he knows that, too.
Mar 28, 2015, 1:39 PM EDT
The Canaries finished in 7th place last season in the Veikkausliiga, Finland’s top-flight.
Mar 28, 2015, 12:54 PM EDT
Should the States’ losses in friendlies represent anything other than a concern at the lack of US youth readiness for the big stage?
Mar 28, 2015, 12:08 PM EDT
This likely comes as a surprise to Liverpool fans, as Johnson is widely treated rightly or wrongly as a scapegoat by Reds supporters.
Mar 28, 2015, 10:37 AM EDT
Does the embattled USMNT coach have a point? I’m again bracing for the comment section when I say… I think so.
Mar 28, 2015, 7:55 AM EDT
The States are 1-4 in their last five matches, all four coming on the road (Colombia, Ireland, Chile and Denmark).
Mar 27, 2015, 11:35 PM EDT
Roundup of Euro 2016 qualifying matches from Saturday.
Mar 27, 2015, 10:00 PM EDT
Both Danny Welbeck and Raheem Sterling will most likely be out of England’s friendly vs. Italy on Tuesday.
Mar 27, 2015, 8:52 PM EDT
Sweden’s Zlatan Ibrahmovic buries a strange one.
Mar 27, 2015, 8:20 PM EDT
England trounced Lithuania 4-0 in a Euro qualifier for their seventh-straight win since the World Cup, and captain Wayne Rooney likes what future lies ahead for his country.
Mar 27, 2015, 6:42 PM EDT
22-year-old Ventura Alvarado asserts that he would like to play for USMNT in the long term.
Mar 27, 2015, 6:00 PM EDT
Manager Chris Coleman say Gareth Bale is only focused on the Wales’ “job in hand.”
Mar 27, 2015, 4:50 PM EDT
Suarez doesn’t think he could be classified as hooligan after his biting incidents.
- MLS Snapshot: New York City FC 0-1 Sporting Kansas City 0
- EURO 2016 qualifying roundup: Netherlands, Italy rescue draws; Bale, Wales go top 0
- Klinsmann’s USMNT struggles, experimentation in friendlies: Does it really matter? 2
- Klinsmann explains philosophy behind mad scientist lineups, formations for USMNT 7
- Russia wants full points from match abandoned after Akinfeev struck in head by flare (video) 0
- MLS preview: FC Dallas vs. Sounders, Whitecaps vs. Timbers headline Week 4 0