Is Antitrust Liability In The Future For The PGA Tour, And Beyond?

• Published date: 05 August 2022
• Subject Matter: nti-trust/Competition Law, Antitrust, EU Competition
• Law Firm: BakerHostetler
• Author: Mr Aaron O'Brien and Alyse Stach

On August 3, 2022, 11 professional golfers, led by Phil Mickelson, filed an antitrust complaint in the Northern District of California against the PGA Tour for the actions it took against the golfers - including suspension from PGA Tour events - for their participation in events for the new Saudi-backed LIV Golf Invitational Series (LIV Golf). It is no secret that the new LIV Golf league seeks to compete with the PGA Tour, having publicly offered nine-figure payments to players joining its tournaments.

In addition to the recently filed federal lawsuit, the PGA Tour's reaction to competition from LIV Golf appears to be under federal investigation. The U.S. Department of Justice (DOJ) is reportedly conducting an antitrust investigation of the PGA Tour into possible anticompetitive conduct relating to efforts to keep PGA Tour players from entering LIV Golf tournaments.

The DOJ's Antitrust Division is reported to have reached out to players' agents and sent inquiries about the PGA Tour's actions in recent...