Prediction: LIV Players win preliminary antitrust case. Judge will order PGA to lift LIV player ban - while the case for damages unfolds (lost endorsements, etc).
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I don’t believe there will be any anti-trust leg to stand on. I have worked for a contract company and was forced to sign a non compete agreement and would have to sit on the sidelines for a year if I was going to take another position with a competitive company. AND I’ve seen that enforced in court. The players on the tour are members of that organization and must abide by their rules and bylaws. No one forces you to play in Tour sanctioned events. As a member you are either invited via sponsor exemption or you have “qualified “ for it. The Tours both PGA and DP(Euro) have the absolute right to set their own rules and have every right to protect their franchise. If you join a CC with a F&B minimum you either pay it or get kicked out you accept the terms of membership. You are not an employee but a member. Look, there are no “Angels” in business, The whole point is to make money and sometimes you end up running over people. I wish I had the talent level to play at that level, and yes, make no mistake, leaving the PGA Tour probably is a very tough decision. But using just DJ as an example. Monday morning, 6/13, he will be cashing a check for approximately, $149M. Think about that, Bryson was quoted as saying, what? Do you think I’m stupid? It’s stupid money. Relinquish membership and make Stupid money, for some, it’s the correct decision. I just don’t see the Tour as a monopoly, there are other Tours you can play on that have some reciprocity with the PGA, LIV doesn’t have that. No one is stopping the players from playing either! 
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A non-compete agreement is more similar to this situation than the oft-quoted argument that the PGA Tour is a private group, like ANGC, and can discriminate against whom they wish. Or that the nonprofit status of the Tour has some relevance.
Yet non-competes are traditionally limited by geographical distance, subject matter, and other factors. Plus, they’re state law creations as opposed to a Federal cause of action under the Sherman Act. (Though there certainly can be state unfair competition actions as well. It gets complicated.)
This really is an inappropriate forum for an in-depth discussion of these matters. It’s a golf forum, not a legal matters forum. (Plus, I certainly don’t know enough antitrust or state unfair cometition law to do an in-depth discussion of the subject.) All I’m saying is, the employment non-compete agreement may not map that closely to this situation. And the Tour Members may not have signed any such agreement—I don’t know what agreements Tour Players are bound by—when they joined.
All I’ll say is, it’s likely to be murky and confusing. Though i am curious how the likely injunction against the PGA Tour and other Tours from banning their players from playing in LIV Events or from signing with LIV as a participant, goes.
PGA Tour By Laws
Lots of gobble dee gook but when you review the rules once obtaining membership on The Tour, Well, they have the final say on where you can play and if they don’t have reciprocity the Tour reserves the right on where you can play. What I thought was interesting was that the players can receive sponsorship dollars from player endorsements, but no appearance monies for Tour Sanctioned events. As long as the Players Advisory Board is going to be for NOT allowing PGA Tour members from playing LIV, that’s who’s setting the Rules of this game
Guess it depends on where you are. In the EU and UK that kind of contract, whilst common, is almost unenforceable as its seen as a restraint of trade. But the Tour as you say, is a club, if your invited great, if not…
Earning even more money is all well and good but how comfortable would you be if you had to ‘avert your eyes from the pain of someone’ loss helping your gain?’ (not often I can quote Weller in a golf forum). I guess everyone has their own line in the sand.
PGA has it’s in house or designated legal advisor, I can see LIV and individual golfers getting their legal support if they have not already done their homework.
I don’t think this will be a case to drag on for years in the legal proceeding. It is probably cut and dry in the agreement/contract between the PGA and it’s members. Some attorney might make a case of it and wish the argument would last for their benefit.
Nothing is murky or unclear in the PGA/member agreement; Or it would had been challenged long before this.
LIV is not a tour like China, Europe or Japan, Asian Tours. It has the different format than stroke play, runs it like a Broadway show instead of a sports event. Oil and water won’t mix no matter how you shake it.
Fact is, some golf courses in the States will offer venue for the LIV events. It will be interesting to see how it pan out with the PGA for holding future PGA events at those golf courses.
Pumpkin Ridge in Portland Oregon is on the list for a June LIV event? I wonder if it’ll be televised and by which network, or pay per view?
Like I said, without commercial success, the LIV tour will be aborted very soon. No “country” could afford dumping 9-10 digits of funding without blinking an eye. Someone, will be made to take the responsibility, I’m certain. I think they still practice beheading the traitors.
This is NOT an Anti-Trust case. The players who are all independent contractors either apply for membership or qualify for membership to The PGA Tour. The MAJORS except the PGA Championship and Players Championship are not really affiliated with the PGA Tour, so players will be allowed to enter those. Your PGA Tour membership comes, like anything you may belong to, (like even an HOA) can dictate bylaws and rules that can come with severe penalties and fines especially if you choose not to abide by those rules. If you don’t want to abide by those rules, go play somewhere else. Hence, resigning your membership, accepting the consequences for breaking those rules and joining a different Tour that will pay you handsomely. It’s an individual choice. There is no discrimination based upon anything… this is a rules violation. Get caught gambling in baseball, on baseball, you’re GONE! You Broke rules and a sport like that is exempted from anti-trust laws! This is a rules and bylaws question and the organization is not being discriminatory…
The question that will have to be answered over the next couple of years… is the LIV making money, is the LIV drawing fans and developing a following and generating a following, will the LIV be able to host events on what we all consider truly challenging and classic venues… or will their memberships say NO! If the Saudis offer like Oakmont like $300M to host a LIV event… that’s on the membership! Lotta cash to make club improvements right? I honestly don’t see myself rooting for the Hy-Flyers golf team… Golf, even in Ryder Cup format, is still an individual game and you follow your favorite individuals. For normal folks, you root for your TEAM, It honestly really won’t matter who the coach or QB is on the Packers or Colts! I don’t see golf being appealing like that! LIV is NOT competitive golf… it’s really just exhibition golf.
Yesterday I was curious to see how the LIV tournament was going, but it was not on YT and you had to register elsewhere. I wasn’t interested enough to jump through hoops. If in the future there are any court proceedings related to this I might be willing to watch those lol
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The current program / format of the LIV Tour is a Broadway show, it does not have the team spirits like the Ryder Cup. It is not supposed to be welcomed by golf fans.
However, looking at the success of index fund on the so-called equity market and the cryptocurrency, makes me wonder if the LIV Tournament be the choice of the new generation? Maybe halftime show like the Superbowl? Belly dance?
Not much logic for a lot of things these days.
All I know is, because of the scale of this venture; there be heads rolling on the ground should it fail.
I did not even bother to learn about it besides what’s in the latest News.
Again, without commercial success, it will be a very expensive pet project for someone. Who’d want to watch the show casing of has-beens’ making loads of money? Now, if the players put out their share of the sign-on bonus as the price for the winning team, now, that would be interesting.
The NCAA competition, or the long drive contest would be more interesting.
Lots of stupid money is correct, but I pity those who allow themselves to be played on the stage.
Please tell me you’re not an attorney.
You know what? Never mind, go have fun. I’m out of this discussion.
Exactly
It is not a compelling enough product for me to track it down or jump through hoops to go watch. I will stick to watching a bit of pga tour golf on Sunday afternoon while the kids are napping.
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I’d say, they thought they were clever when they lit the fuse… We’ll have to see who comes back the next week.
That’s entertainment!
(I loved The Jam.)
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Not a lawyer, but my brother is and he works for the gov’t representing usually plaintiffs in Anti-trust cases. There are 2 sections in the Sherman Anti-Trust laws. There is already settled case precedent from the 1990’s in Toscano v Tour. Can the PGA Outdrive the Legal Challenges? That link is actually very interesting reading and informative, if you are into gaining knowledge. I certainly do enjoy trying to understand stuff that’s above my paygrade! And yes…let’s all have fun playing the game we love.
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Hotdamn, this is entertaining. why are we so worried that someone is making a lot of money for doing nothing? I’d show up for a party and get compensated.
Wondering , the players will use their regular caddy and if they do, how will the caddies be compensated? Let’s see 10% of 15 million is …, WOW, 1.5 million. Goodness sake.
$10M? I think that is the caddies cut! You and caddy are a team package. So that usually all expenses and 10%. DJ, Phil, Bryson and I wouldn’t doubt a couple others. 9 digits to just show! Sick money, but that’s multigenerational cash just to show up!
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I’d be surprised if the dream 10% cut on the sign up bonus will be forked to the caddies.
Will be a larger than the usual caddy’s fee for sure, but the player could also not use their regular caddies. Why? This will be like a vacation rounds in different countries.
Any numbers published on each player’s “appearance fee” ? Like to know how generous they are with their caddies whether their regular or temporary ones.
On the surface and what’s published to us, it is nothing but a group of people wishing to extend/preserve their wealth by making unwise business decision. With the help of a few greedy also not too smart persons in the industry “helping” the group to part with their money.
I would not trust anyone who had failed in his own business ventures with no shown talent nor resume in the business sides of the game to plan out the venture in such a scale which equal to a small country’s GNP numbers.
It will be a fiasco, and something we’ll witness.
BTW, for those who paid attention to the LIV Tour, how did their opening event go? Any sign of commercial success or they are keeping it as a private back yard party?
Not that I care to know the detail of how they fall on their faces by stepping on a known slick spot on the roadway.
This is not just a fleet of super cars or a staple of thoroughbreds, this in scale of the things could bring down the “reserve” for the group. They should have invest the wealth in exploring an new source for energy, lithium battery will never replace the crude oil, too expensive and more poisonous to the environment then we are led to know.
Nice , private, back yard party with security guards.
With the give away free tickets and no count on the attending “fans”. It is not a business but, a nice private party. Unless they want to open it up for the homeless population.
Some of the posted scores are almost like Amateur . 19+? for 36 holes? Who are these guys besides the well known names. I wonder how they are compensated.
We’ll see what happens when the “tour” gets to the States. I can relate for some of the golf courses they’ve planned events on.
Wow, little or no commercial value.
I hope the backing has a deep pocket like the Microsoft money behind the Amazon to support it in the first decades and half of losing proposition.