3/5/2023 0 Comments Tumult whisk reviewWomen’s Open, on Tuesday announced it would not bar golfers who play in the London event from next week’s U.S. The USGA, which oversees the 14 national championships including the U.S. Golf Association responds over time to these developments. ![]() A stronger claim would come from a golfer who is formally punished by the tour for playing in LIV events.Ī further complicating factor is how the U.S. Johnson and other resigning golfers, however, might take the antitrust bat (or club) out of their own hands by quitting the tour before it takes any adverse action against them. The tour could also claim its organization of tournaments has excelled in terms of generating opportunities for golfers and attracting viewers and sponsors, and that its system promotes, not repels, economic competition. Like membership in any organization, there are known advantages and disadvantages. In essence, these golfers choose to join the PGA Tour. The PGA Tour would have several defenses, and could start by insisting that golfers contractually accepted tour rules and have benefited from the circuit’s promotion of their careers. LIV would be able to bring analogous claims against the PGA Tour, alleging harm to golf consumers, a crucial point since antitrust law is most concerned with protecting consumer interests. They would further assert that both golfers and golf consumers are harmed, in that non-tour events would feature inferior competition if tour golfers can’t play in them. In a lawsuit, the golfers would argue that the PGA Tour is a monopsony in that it exercises too much control over the buying of services offered by the world’s elite golfers. They could maintain the tour arbitrarily applied its own rules, particularly if exemptions have been generously granted in the past. Players could bring additional claims regarding contractual obligations. Any form of punishment could also trigger an antitrust lawsuit. They have actionable claims by virtue of the PGA Tour barring them from playing for LIV Golf. Tour golfers, in contrast, could pursue antitrust litigation against the tour, and its sponsors, partner courses and other affiliated businesses. As union members, employment conditions are agreed on through collective bargaining and, of benefit to their leagues, exempt from antitrust scrutiny. One distinguishing sports law factor in this controversy is that PGA Tour golfers are independent contractors, unlike NFL and other major leagues’ athletes, who are both employees of their teams and union members. To that point, PGA Tour commissioner Jay Monahan has warned of suspensions or bans for anyone who plays for LIV. ![]() ![]() According to the handbook, players are forbidden from engaging in conduct that inflicts financial or reputational harm to the tour. As part of their membership, tour players contractually accept the player handbook-which explicitly authorizes the tour to fine, suspend or even permanently ban a member who violates regulations. Last month, the PGA Tour denied the requests of members who sought to play in the London event.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |