Andrew Mercer – GC Powerlist
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Malaysia 2023

Sports and media

Andrew Mercer

Director of legal affairs and general counsel | Asian Football Confederation

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Malaysia 2023

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Andrew Mercer

Director of legal affairs and general counsel | Asian Football Confederation

What are the key areas of activity for your legal team?
Our legal department has four units; the sports legal services, disciplinary and governance; the integrity unit; the corporate, commercial, and intellectual property unit; and the sports medicine unit.

The sports legal services, disciplinary and governance unit is responsible for managing the AFC’s disciplinary processes and cases, including acting as the secretariat for the AFC’s independent judicial bodies. Cases concern a variety of on-pitch and off-pitch matters. The unit also leads regulatory and governance matters, including drafting competition regulations, and drafting and interpreting the AFC’s statutes. The unit plays a particularly important role in managing the legal process and operations of the AFC congress and AFC elections, most recently in February 2023 when the AFC President, Shaikh Salman bin Ebrahim Al Khalifa, was elected for a third term. This includes advising the AFC electoral committee on our electoral and guidelines and carrying out background checks on candidates.

The integrity unit is responsible for conducting investigations related to unethical practices in Asian football. These include allegations of match-fixing, bribery and corruption, as well as age fraud and sexual harassment.

The lawyers in the corporate, commercial and intellectual property unit are responsible for drafting and negotiating various commercial, intellectual property and football event-related agreements, as well as providing corporate legal support. This unit performs an important role in the review of commercial contracts involving sponsorship and media or broadcast rights, and in the implementation of measures to protect AFC’s intellectual property rights.

The sports medicine unit manages the AFC’s anti-doping and medical-related activities, aiming to ensure player safety in Asian football and a level playing field for participants.

How do you see the general counsel role evolving in Malaysia over the next five-ten years?

In these uncertain times, technological, social and economic events will undoubtedly continue to impact the business and corporate landscape, both positively and negatively. Historically, the role of general counsel in an organisation may have been seen as a purely functional position responsible for the provision of technical advice. This leads to the misconception that the legal function is conservative and reactive, and disconnected from the business it serves. Of course, that perception has changed progressively over the past decade, and it will continue to evolve in the coming years. There is now widespread acceptance that the most senior in-house counsel is part of an organisation’s senior management. This reflects the strategic nature of the legal function but puts the onus on general counsel to ensure that they continue to develop new competencies, especially when it comes to understanding detailed financial and commercial matters, and that they act as enablers, not roadblocks.
As we progress through this decade, senior lawyers will need to prioritise soft skills and emotional intelligence in recognition of changing attitudes to work and work-life balance, and manage the attitudes and expectations of a new generation of employees.

What are some of the main trends in the industry sector you work in in Malaysia?
Malaysia has an active and vibrant sporting culture. Several international organisations have their headquarters here, including the AFC, and international sporting events are regularly held in the country. As sports develop and become more commercialised, regulatory and contractual matters become more complex, and the scope of disputes increases. As a result, an area of practice that may initially be a niche area for a small number of lawyers can become an important and potentially lucrative practice area. There is an increasing number of excellent sports law practitioners in Malaysia, and I expect this to grow rapidly in the coming years as lawyers seek opportunities in the sector. I also expect to see growing interest in sports law as a discipline in educational institutions to reflect its growth as a viable practice area.

In terms of regulatory and governance matters, child safeguarding is and will continue to be an important topic in the sector. This is a crucial matter for every country in the world and requires ongoing meaningful collaboration between local and national governments, as well as sports authorities, to deliver positive results.

Andrew Mercer - Switzerland 2015

Legal Counsel and Venue Director | UEFA

An experienced sports lawyer occupying a unique role looking at financial fair play matters in football, Andrew Mercer is at the forefront of one of the most interesting legal developments...

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