An English sports lawyer type
talks about that 40+1 clause and what it may actually mean. Clip is 10 minutes long, but the most relevant bit is the first couple.
His theory is that what the bid allows Arsenal to do is have direct talks with Suarez without Liverpool having to sign off on the discussions. This would allow the Gunners to find out what his salary requirements and etc would be.
It looks like it is indeed a release clause and not just an allowed-to-negotiate clause
There are no buyout clauses in England, he says that at the very beginning.
Poor Pep's brother thought he was in Spain
I'm sure that guy's a great solicitor, but I can't take any discussion of a contractual clause seriously when it appears evident that nobody has seen the clause in question. As near as I can tell, all anyone is going on is discussions either with the Suarez camp or with Liverpool where someone has characterized the clause. That isn't helpful.
It may be true that EPL contracts don't typically have buyout clauses, but if that means that a buyout clause can literally not be enforced in England as opposed to other EU nations (which would surprise me, frankly), I'd want to know why that is. Shear doesn't tell us.
I can also say that I'm a bit dubious from my experience with Roger Cossack on ESPN. I'm sure he was a great lawyer in his field, but he really butchered the analysis of the lockout antitrust case against the NFL a few years back.