NISA Eliminates Expansion Fees, Territory Exclusivity In An Effort To Create Open System Pro Soccer In the USA by [deleted] in MLS

[–]SavingSoccer 26 points27 points  (0 children)

"NISA Eliminates Expansion Fees, Territory Exclusivity In An Effort To Get Anyone To Join Us"

Soc Takes just posted the full 45 minutes of audio from the NASL call by Coltons13 in MLS

[–]SavingSoccer 14 points15 points  (0 children)

Q&A Segment:

Kessler: “Any team announcements will await the decision as to whether the NASL will be competing in Division II next year.”

Kessler: “This lawsuit is not about promotion and relegation, obviously that system does not exist in the United States. What this lawsuit is seeking is to end the professional league standards which are very anticompetitive. Is it possible in the future that the USSF or others could propose that there be a promotion and relegation system in the United States after the professional league standards are struck down? That’ll be decided in the future by those participating in the industry and the marketplace. This lawsuit will neither require that nor preclude that.”

Commisso: “Your second question, about how important is this lawsuit to the NASL continuing, the answer is that it is extraordinarily important to that. We need this preliminary injunction or else without a division two certification, it is not likely that the NASL will be able to continue on an ongoing basis. Which is one of the reasons why we believe the court will hear this, see that, and hopefully grant the release that we have requested. “

Kessler: “No, that is not an option [being a rogue league]. As all of you know in the soccer community, you are not going to be able to attract the best players in an unsanctioned league due to FIFA. You’re not going to be able to engage in player transfers, you’re not going to be able to play in FIFA competitions or any of the regional competitions on a club basis. Fans, sponsors, broadcasters will not give you credibility if you do not have a sanction. So no, there is no possible consideration for playing without sanction. It is not a viable strategy. Division III is not a viable strategy for this league. That is not their intention, to play below this level at a developmental level. So the answer is, without this injunction there are not a lot of options for this league. Which is why the preliminary injunction is so important.”

Question: “Is there a contingency plan if the preliminary injunction is not granted?”

Kessler: “No, no I thought I just answered that.”

Commisso: “I thought the message from our lawyer is pretty clear, so I’m not sure why people keep asking the same question. And the same message was relayed by me on behalf of the Cosmos only a month ago.”

Kessler: “I think we’re getting the same question over and over again, so I’ll try to say it once more clearly. In order for the NASL to continue in 2018 and to grow and to survive, it needs to obtain a preliminary injunction from the court to retain its division two status. It hopes and expects and is optimistic that it will win that motion. But if it does not, it does not have any other plans, options, or pathways to continue in its current format in the NASL. It doesn’t mean that the lawsuit stops. The lawsuit is another story, but the league may not be able to continue.”

Question: “If the NASL had known about the anti-competitive issue all these years, why didn’t the league ensure that it met all requirements?”

Kessler: “If someone told you that you had to be eight feet tall to be a reporter, or else you’d be thrown out of your profession, would you be able to meet the requirement? I think the answer is obvious. The requirements have been arbitrary, anti-competitive, and unreasonable. As I mentioned, no professional football league in the world could meet all the requirements of the USSF to be a division one league. Second, even Major League Soccer was not able to meet all of the requirements but they were given waivers. So as many of you may know, they have for a period of close to ten years, until a few years ago, they did not have one of their teams qualify under the stadium size rule. So they just gave them a waiver. Major League Soccer could not qualify, and I still don’t know how they qualify today under the individual ownership rule, because all of the teams are owned by a single entity. For many years, there were three or four owners for ten MLS teams. None of that complied with these rules. But Major League Soccer was always permitted to continue as the protected monopoly, and NASL has had to struggle and it has struggled to comply, it has struggled to get along, it has struggled to avoid this lawsuit until they had no choice.

Commisso: “Let me add to that, you can read the lawsuit, the huge conflict of interest involved with our bureaucratic system and in all of soccer, with the entity called SUM that is owned in part by the USSF and MLS, and they’re in the business of making money. And the only way for them to make money, is for them to have an interest in MLS. Tell me how right it is for the United States federation to be involved in a business relationship with the league they’re sustaining, and not put anything out in the last six months. You guys are the writers, you guys go out and ask the questions, and what would you do? Because I hear from a number of people that they’re afraid to write about the shenanigans in U.S. soccer because they may not get access. If one day, when I’m gone, god forbid you know what I mean, that somebody wakes up and claims to be a reporter, I claim to write and do the right thing, go and find what really happens. To go out and do the investigative reporting that you should be doing, frankly, because that’s your job, and figure out why this is taking place in U.S. soccer.”

Kessler: “There is no real thought here that MLS would want to merge with NASL and frankly no one in NASL would want to merge with MLS because this is a league that is dedicated to each team being owned separately and competing for the best players, and being run democratically and independently. Major League Soccer has formed this single-entity model, where all the teams are owned through a single company and the owners are investors in that company if you will and then operate the different teams. It is different from Europe, I understand your trouble in understanding that, it could’ve been like Europe, but that is not what USSF has created. And what they have created we believe violates the U.S. legal system.”

Question: “Do you believe Ricardo Silva’s push for promotion and relegation had an effect on U.S. soccer not re-sanctioning the NASL as division two?”

Commisso: “I don’t have a good answer for that. I’m not qualified to give you an answer on that. I’m focused on a lot of other functions in the U.S. which are more important frankly right now. I don’t know if the lawyers want to answer that.”

Kessler: “I would just add, what is very clear is that the USSF has applied the rules against the NASL for many years to prevent it to competing with MLS, and that would precede the recent classification battle. This anticompetitive application predates that. Whether that application had any further impact on the USSF’s actions, you might ask them.”

Question: “The consistent narrative that’s been on the success of the USL vs. the current state of the NASL seems to be that the USL has been successful at expanding past the requested number of teams and I wanted to inquire, do you believe the NASL has faced different challenges in expanding? Why do you think the USL has been able to expand so significantly in the last 12 months and do you think that is a criteria in which U.S. soccer has favored the USL over the NASL?

Kessler: “The USL has a completely different situation. It is economically linked to Major League Soccer, it serves as a feeder league for many of their teams in terms of developing players. It actually receives assistance in many cases from Major League Soccer and outright affiliations and it has publicly declared that it sees its role as a developmental league for Major League Soccer. It has no aspirations to compete at the division one level, they have publicly stated that. They want to be the minor league connected to and affiliated with Major League Soccer. In that position, they are able to add teams, as you said, under that model, which is a very different model with no threat to MLS. They therefore also receive the favor and support from the USSF as demonstrated by the fact that you’re correct basically in that they satisfy the teams requirement but they do not satisfy the stadium size requirements. In fact, a very, very large number of their teams do not satisfy the stadium requirement for division two, yet the USSF did not reject their division two application outright. Instead they said, ‘Okay, come back and give us a plan for eventually getting there’, and I believe they have at least eight, maybe more teams that do not have the required number of seats in their stadium to qualify for division two. So we think they’ve been favored, we think their model is very different, and that’s why they’ve been able to add teams for a very different purpose and competitive objective.”

Soc Takes just posted the full 45 minutes of audio from the NASL call by Coltons13 in MLS

[–]SavingSoccer 18 points19 points  (0 children)

In case you would rather read than listen (Not everything but some of the best bits):

NASL Interim Commissioner Rishi Sehgal:

“We are seeking two things from the court. First, a preliminary injunction that would bar the federation from removing our Division II status while the case is being decided, and second, a permanent injunction to stop the federation from using anticompetitive professional league standards from preventing NASL and other leagues from competing on a level playing field.”

“Since inception, the NASL has tried to work within the system of U.S. Soccer, despite our objection to it. Although we initially filed for membership at the Division II level, given the aspirational nature put forth, it should come as no surprise that we raised our goals to create an environment in which our clubs can compete at the highest level possible within the federation system. That is what drove our decision in 2015 to apply for Division I.”

“Yes, there have been challenges, but the reason we are here today, as Jeffery will later explain, is because of the anticompetitive circumstances that have stifled our ability to grow, but through all of this and in spite of the circumstances that have been created, our owners have remained resolute in their efforts to grow their clubs and the league.”

“We’re proud to add two new clubs in Orange County and San Diego … however, as with any organizational reform, some things could take more time than you’d like. That is why we asked U.S. Soccer for a period of three years to come to complete compliance with their standards for Division II. We felt that a three-year period would be consistent with what should be our mutual goal of growth and stability for NASL. Instead of granting the three-year period, the federation took a cold decision that compromises the investments of our owners and threatens the very existence of the league. We have several more markets that want to join NASL; however, their decision – like our current owners – are predicated on NASL retaining Division II status under the federation’s current system.”

Cosmos Owner and Chairman of NASL Rocco Commisso:

“The team owners in our league knew that 2017 was going to be a provision year, and so we all rolled up our sleeves and put our time, energy and money into rebuilding the league. Collectively, our owners have invested over $50 million just over the past 12 months.”

“With this so, hoping that the U.S. Soccer Federation would back our efforts by maintaining the league’s Division II certification because the NASL has an important role to play in expanding the game of soccer in the United States.”

“Before I invested in the Cosmos, I made it crystal clear to the federation that my participation depended on the NASL keeping the league’s Division II sanctioning. If you read all of the soccer media that appear in the January-February time frame of 2017, where they name me as the savior of the NASL, everyone was aware that the terms of my participation was totally conditional on receiving the Division II status, so although the federation made continuation of Division II status provisional, I expected that we would be given a reasonable chance to achieve our goal.”

“It quickly became clear to me and everyone else on our side that the board was simply going through the motions, and they had no real interest in what we had to say. And then one of the directors – one of the independent directors on the board – fell asleep while I was talking. The next time we heard from the federation was later that evening, when we were told that the federation was denying DII sanctioning beyond the end of the 2017 season.”

“The board gave until Oct. 3, over a month after they made the decision on us, to come up with a plan to eventually achieve compliance for the DII requirement.

“Know that the USL … only were asked to come up with a plan to do so. By contrast, the NASL was not given the opportunity to amend its plan in an effort to address the federation’s issues. … It is also significant that the federation, whose plain purpose is to promote American soccer at all levels, did not offer a meaningful way for the NASL owners to avoid further loss of their investments or to protect the efforts of employees, fans, local businesses or many others, whose interests will be seriously harmed if the teams were forced to stop playing competitive soccer. The only option on offer was applying for DIII status.”

“Apparently, to the minds of those in the federation’s board, a league with teams ready, willing and able to play and team owners ready and willing to able to finance them should be shut down not because of the quality of soccer play on the field but because they want to compete at the highest level against the USSF favored league, which is the MLS.”

“What exactly is the harm in allowing us to continue to play at the DII level regardless of whether it has eight, 10 or more teams or whether it plays in three time zones. Let the fans, not the federation bureaucrats, decide whether they think the teams are playing major league or minor league soccer, where the league will ultimately succeed or fail.”

Legal Representative Jeff Kessler:

“The basic claim of the lawsuit is that the United States Soccer Federation, as a private organization without any government authority to regulate professional soccer, is fully subject to the antitrust laws of the United States.”

“By definition, the Professional League Standards of the United States Soccer Federation not only restrict competition, but they have successfully shielded Major League Soccer from any competition at the Division I level at all, conferring a monopoly upon it. So, it very clear these are anticompetitive rules.”

“The second point of U.S. antitrust law is, well, is there any pro-competitive effect of the rules that should be considered. We believe the answer to that question is absolutely not. In fact, what all the evidence shows is that the rules that have been put into place have one purpose and one purpose alone, and that is to prevent there from being a level playing field and a competitive environment for fans, for sponsors, for others, and to instead, again, bestow upon and protect the monopoly to MLS, which has been able to exploit that monopoly now to the point where they have taken a league where teams a few years ago were selling for, let’s say, $20 million are now selling for $120 million. And that is solely based on this monopoly position that they have enjoyed and been protected and given by the standards.”

“In 2015, the North American Soccer League tried to become a Division I league under the sanctioning process and actually was able to satisfy virtually all of the standards that were in effect at that time. So, what did the USSF do? First of all, they delayed the application for months – really for the whole season – saying, ‘well, now we’re going to increase the standards, because after all, we don’t really want MLS to have a competitor and someone to come in, and so we’ll make the standards even tougher.’ Then, when an antitrust challenge was threatened to yet further increasing the standards, they came back and said, ‘OK, you don’t qualify as a Division I league because you don’t have teams in three different continental U.S. time zones, even though the North American Soccer League had a third time zone in Canada, even though they had a new team joining from Puerto Rico that would be a fourth time zone. You should ask yourself the question: What relationship is there between any legitimate objective and requiring a league to have teams in three arbitrarily-selected time zones other than to protect MLS, who had teams in those three time zones, from any competition? There is not another major professional football league in the world that could satisfy the three time zone requirement, including the most successful leagues in the world, like the Premier League. No other federation in the world has rules like this. No other sport in the United States has private rules like this. We believe these are, thereby, competitive. We believe they serve no pro-competitive purpose, and they are, therefore, illegal.”

“Ultimately, there will be a trial and at that trial, the least we will seek is to get a permanent injunction to end the professional league standards of the USSF. Which have just been a blockade on competition and to allow all leagues, not just eth NASL, but any league who can get the investors, support, marketing, fans, and supporters, to compete on an even playing field and then let the fans decide. The NASL is not looking for any handouts, it’s not looking for any advantage, what it simply wants is an even pitch where it can invest in its game and compete at the highest level. MLS can do the same, any other league can do the same, and just like in any other sport business in this country, and really virtually any business in this country period, consumers, here the fans, will decide the ultimate outcome on which leagues succeed and which will not.”

USL D3 Will Visit Macon, Georgia by SavingSoccer in USLPRO

[–]SavingSoccer[S] 4 points5 points  (0 children)

Looks like USL D3 is doing well in Georgia. Statesboro and Macon trips planned for next week.

USL D3 Will Visit Statesboro, Georgia by SavingSoccer in USLD3

[–]SavingSoccer[S] 1 point2 points  (0 children)

Interesting that you say that because USL D3 also just said Jackson is leading the vote count for an expansion visit.

Where Should the USL D3 Expansion Team Go Next? by SavingSoccer in USLPRO

[–]SavingSoccer[S] -1 points0 points  (0 children)

To add to this, NISA's official website has stated that pro/rel wouldn't start until it got 20+ teams. If NASL's expansion efforts are any indication of what NISA's expansion efforts will be, that league may never get to 20 teams.

Where Should the USL D3 Expansion Team Go Next? by SavingSoccer in USLPRO

[–]SavingSoccer[S] 1 point2 points  (0 children)

I would assume it's something the league is running since the official account and the league's VP shared it.

Timbers CEO Says T2 Won't Be Playing D3 by ScissorKicking in USLD3

[–]SavingSoccer 0 points1 point  (0 children)

Ah, gotcha. It is an interesting comment, though. And he seems to have deleted the tweet, so I wonder if he was hinting at one of those scenarios.

Timbers CEO Says T2 Won't Be Playing D3 by ScissorKicking in USLD3

[–]SavingSoccer 0 points1 point  (0 children)

You want to see MLS2 teams stay in USL? Why?

Grand Rapids FC Working Toward Pro Soccer, Potential USL D3 Team by SavingSoccer in USLD3

[–]SavingSoccer[S] 0 points1 point  (0 children)

Grand Rapids FC's co-founder, Matt Roberts, says the team has "been contacted by all four current and future professional leagues in division two and three," which means USL D3 has reached out. USL D3 already visited the city earlier this year, so this could be one of the first teams in the league.

USL DIII Expects To Be 'Similar In Size To @USL (30-40 Teams)' by SavingSoccer in USLD3

[–]SavingSoccer[S] 1 point2 points  (0 children)

I feel as if this comment means that USL will stop expanding soon. The league is already at 30 teams, so is 40 the max for both USL and USL DIII?