Insights Government confirms Exclusion Order under Competition Act 1998 to extend Premier League’s broadcasting agreements for additional three years


Nigel Huddleston MP, Minister for Sport and Tourism, has written to the Chairs of both the DCMS and BEIS Select Committees confirming that the Secretary of State for BEIS has concluded that there are exceptional and compelling reasons of public policy to make an Exclusion Order under paragraph 7 of Schedule 3 of the Competition Act 1998 allowing the Premier League to renew its current broadcast agreements with current UK broadcast partners for an additional three-year period starting 2022-23, without conducting the normal tender process. Mr Huddleston confirms that, subject to the Premier League formalising its financial commitments to the football pyramid with the Government, as set out in his Written Ministerial Statement on 13 May, the Government will bring forward secondary legislation after the summer recess to make the Exclusion Order.

If the Premier League’s current UK broadcast agreements are renewed for seasons 2022/23, 2023/24 and 2024/25, the Premier League has committed to:

  • guarantee existing levels of financial support for the football pyramid for four years from 2021/22 to the end of the 2024/25 season, including solidarity payments, parachute payments, youth development funding and funding for grassroots football at existing levels, worth over £1.5 billion over the three-year rights cycle;
  • maintain at least this level of funding even if its international broadcast rights decrease in value when they are re-tendered individually over the next year into 2022, and to increase the level of funding if its international broadcast rights exceed their current value; and
  • provide a further minimum £100 million in solidarity and good causes funding to the end of the 2024/25 season, in roughly equal shares, to the National League, women’s football, League One and Two clubs, grassroots football and cross-game initiatives.

In his letter, Mr Huddleston explains that the Exclusion Order is a temporary measure in response to the pandemic. The normal tendering process is expected to be followed for the subsequent broadcast rights period following the 2024/25 Premier League season.

Mr Huddleston says that the Government will lay a Written Ministerial Statement in the House as soon as possible after its return to keep Parliament fully informed. To access all of the correspondence in relation to this decision, click here.