I recall Bernie Ecclestone saying last year that the FIA should just be a regulatory body governing the sport but they should not be making the rules that would impact the commercial side of things. The only reason that comment came to mind is after reading a very good story at Pitpass.
Pitpass had also recalled the statement and did some due diligence in looking back over the last ten years at comments that were made by Bernie and Max regarding the regulations of F1. To their credit, they have found some interesting quotes to be sure but as they ask in their article, can FOTA strip the FIA of its regulation-making power? The lawsuit filed by Ferrari, yes the one Max chides Stefano for not knowing about, may be the vehicle that starts this process. The key may just be the 2001 ruling by the European Commission ruling that the FIA must have no influence over the commercial exploitation of the sport. Surely the manipulation of the regulations is something of a grey area but even Max said in 2000 that he could not affect the commercial affairs of the companies. The budget cap system does just that.
While Max feels confident that the FIA are in good shape ahead of the lawsuit, it will be interesting to see just how much of the past comments, similar to the ones found at Pitpass, will surface during the hearing.