According to evidence supplied by its chief executive Richard Masters, the league proposed “a fixed starting point of a deduction of six points, with an increase from that starting point of one point for every £5million by which the club had exceeded the PSR threshold of £105m. Further adjustments could be made to reflect aggravating or mitigating features”.
The commission said it rejected this framework.
“The commission is concerned that the adoption by it of a structured formula such as is advocated by the Premier League would be inconsistent with the unrestricted powers conferred by rules w50 and 51,” its report said.
“We consider that it is not for a commission to introduce such a structured formula even on a case-by-case basis. We consider that we are required by the rules to hear and consider the mitigation, after which we have a wide discretion to impose any of the sanctions listed in rule w51.
“If the Premier League wishes to impose a mandatory structured formula on a commission dealing with PSR breaches, it can do so. In that event, the commission would be required to comply with those rules. But as things stand at present that has not been done: the commission has the wide discretion conferred by rules w50 and w51.”
In other words, the commissioners would be disregarding the league’s suggestion and applying their own discretion.