Golf’s controversial new partnership is in for an “uncomfortable ride” and may face lengthy and costly legal challenges in multiple jurisdictions, a competition lawyer has said.
The PGA Tour announced last week it was creating a new commercial entity with the DP World Tour and Saudi Arabia’s Public Investment Fund (PIF), a move it said would “unify golf” and which brought an end to a legal dispute between the PGA Tour and LIV Golf, a series backed by PIF.
Concerns have already been raised about whether the new deal may fall foul of competition law. The United States Senate has already opened an investigation into it, with Senator Richard Blumenthal writing to PGA Tour chief executive Jay Monahan to say that the PGA Tour’s “sudden and drastic reversal of position concerning LIV Golf” raised “serious questions”.
The PGA Tour insists this agreement is not a merger, and that the deal did not mean PIF now owned the PGA Tour. Instead, it says PIF will be investing in this new subsidiary of the PGA Tour, with the PGA Tour retaining majority ownership and control.
However, Andrew Evans, a partner at the law firm Irwin Mitchell, believes there are a number of hurdles for the new venture to overcome.
“Even though the structure for the PGA Tour/LIV merger is not known at present, competition law, or antitrust law as it is also known, tends to look at the economic impact of a merger regardless of the legal form it takes,” he told the PA news agency.
“So structuring the merger in a particular way, referring to it is a partnership etc will not hugely affect the analysis from a competition law perspective.”
In the United Kingdom mergers are the responsibility of the Competition and Markets Authority (CMA), while, in the US, the Federal Trade Commission (FTC) and the Department of Justice (DoJ) are the bodies responsible.
However, Evans believes the global nature of golf at a commercial level means many more jurisdictions may take a look.
“For a worldwide business such as PGA Tour and LIV Golf there is lots of potential for regulators in many different jurisdictions to get involved and investigate the merger and, in a worst-case scenario, block the merger,” he said.
“Whilst there is little granular detail about how the merger will work and be implemented, hopefully the parties have already sought and obtained merger control advice.
“Even if they have, they may be in for an uncomfortable ride in some jurisdictions around the world before the merger, if cleared, is allowed to proceed.
“Merger investigations can also be very time-consuming and costly, with the full processes taking many months and potentially more than a year to conclude in some jurisdictions.”
Evans said regulators will be concerned about the “downstream” and “upstream” impacts on competition that the deal might create.
“Downstream” impacts might include the impact on broadcasters seeking to buy television rights.
“Prior to the merger both PGA Tour and LIV Golf would be in competition with each other to sell their respective television rights, and therefore each imposes a constraint on the other in relation to the price that they can charge as there is an alternative that anyone seeking to buy television rights has,” Evans said.
“Once they are merged and under common control that constraint is removed or reduced, particularly in a case where there is no other comparable worldwide golf tour, so there is no alternative choice.
“That would allow the merged business to have greater market power and greater ability to dictate the price at which television rights would be sold.”
“Upstream” rights could include the impact on players’ earning potential, Evans said.
“Though professional golfers may not be a group most people would immediately think of as being worthy of protection, the impact the merger would have on them and the reduced choice as to which tour to join and on what terms, if both are controlled by the same operator, is another consideration,” he added.
Samuda and Munn-Barrow triumph at AMG Buccaneer Memorial Golf Tournament
Owen Samuda and Jodi Munn-Barrow emerged as champions of the AMG Buccaneer Memorial Golf Tournament, held at the Caymanas Golf Club in St. Catherine over the weekend. The annual event, one of Jamaica’s most prestigious golf tournaments, saw over 80 golfers competing despite challenges posed by recent weather conditions.
Samuda, who has been enjoying a stellar run of form, dominated the male category with back-to-back rounds of one-under-par 71, finishing with an impressive two-under-par 142. He won by a commanding 13-stroke margin, cementing his reputation as one of the country’s top golfers.
Reflecting on his victory, Samuda shared, “After the disappointment in the Jamaica Open last week, I realized that you can’t drive a car while looking behind you. I came into this tournament with a lot of confidence and positive thoughts. I played really well yesterday, and even better today, so I feel great about the win.”
Samuda’s performance marked the only under-par scores across the tournament. Former national champion Oshae Haye finished second with an 11-over-par 155, while Zandre Roye and Sean Morris tied for third at 14-over-par 158.
In the female category, Jamaica Golf Association President Jodi Munn-Barrow delivered her trademark consistency to claim the Ladies 0-6 title. Munn-Barrow posted scores of 75 on both days, totaling six-over-par 150 to secure her win by a comfortable 21 strokes over Michele McCreath, who finished at 171.
“It was a little more difficult this time,” Munn-Barrow admitted. “I haven’t been playing much because of my involvement with the Jamaica Open, so my game this weekend was scrappy. But I managed to get the ball around, and I’m happy with how I performed despite not being at my best.”
The tournament also featured numerous category winners, including Quentin Hugh-Sam and Philip Gooden, who scored 168 to win the Men & Men Senior 7-12 section. Other winners included Gifford Wilmott (Men & Men Senior 13-24) with a score of 157, and Diane Hudson, who topped the Ladies 13 and over category with a score of 184.
The event, held for the 29th year, is a tribute to seven of Jamaica’s past national golf representatives: Milton "Buddy" Josephs, Izette Rhone, Lenan "Lennie" Chin, John Fulford, Al Chong, Claude Stewart, and Mark Chin. Proceeds from the tournament benefit the Lawes Street Trade Training Centre, with the goal of raising JMD$1 million annually.
Peter Chin, president of the Buccaneers Golf Club, praised the event’s resilience despite weather challenges. “This tournament has been running since the 1990s and is the oldest golf tournament outside of the Jamaica Open on the JGA calendar. The course was in great condition considering the rain over the past few weeks,” Chin said.
The AMG Buccaneer Memorial Golf Tournament was sponsored by AMG Packaging, with Scientific & Medical Supplies as an associate sponsor.
McIlroy honoured to be 'mentioned in same breath' as Ballesteros after matching Race to Dubai tally
Rory McIlroy says he is honoured to be "mentioned in the same breath" as Seve Ballesteros, after matching the Spaniard's haul of six Race to Dubai titles.
McIlroy secured the title for the third year running following his victory at the DP World Tour Championship in Dubai on Sunday.
The four-time major winner finished two shots clear of Denmark's Rasmus Hojgaard to seal his third triumph in the event.
"Everyone knows what Seve means to European golf and Ryder Cup players," an emotional McIlroy told Sky Sports.
"The European Ryder Cup locker room, all we have are quotes from Seve. We had a changing room with Seve's shirt from [1995], the last Ryder Cup he played.
"He means so much to European golf and for me to be mentioned in the same breath, I'm very proud."
"I've been through a lot this year, professionally, personally, and it feels like the fitting end to 2024," added McIlroy, who narrowly lost out on the US Open title to Bryson DeChambeau.
"I've persevered this year a lot, had close calls, wasn't able to get it done. I'm really pleased with the way I finished and, thankfully, I hung on after a tough day and got the job done."
McIlroy seals sixth Race to Dubai title with DP World Tour Championship triumph
Rory McIlroy secured his sixth Race to Dubai title with victory at the DP World Tour Championship in Dubai.
McIlroy finished at 15 under par and two shots clear of Rasmus Hojgaard, who he partnered during the final round, to seal glory at Jumeirah Golf Estates.
The four-time major winner claimed his record-equalling third triumph in this event, matching Jon Rahm.
It is also his third successive Race to Dubai victory - and sixth overall to move level with Seve Ballesteros.
McIlroy was tied for the lead heading into the final day, and a run of four successive birdies gave him a three-shot advantage early on.
However, he hit bogeys on the ninth and 13th holes, allowing Hojgaard to draw level heading into the final four.
Nevertheless, McIlroy dug deep with a brilliant approach leading to a birdie on the 16th, which put him back in front.
And while Hojgaard could only par the final hole after narrowly missing a birdie putt, the Northern Irishman held his nerve with another birdie to seal his seventh tournament win in Dubai.
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