Don’t believe the mainstream media about LIV vs. PGA
Much of what you are hearing from most of the golf and sports media and mainstream media is being spun by the powers to be. Every report on TV or social media insinuates that when Phil and all these other players have pulled out of the Anti-Trust lawsuit are giving up. That is not the case at all. In fact be further from the truth.
While several of the causes of actions in the lawsuit concern damages to the players, many are also focused on the damages to where the players have actually started playing, ie.. the LIV Golf Tour. The players exiting the lawsuit by no means indicate that they are quitting or giving up, as the media would like for you to believe. All it indicates is that LIV has entered and will now be seeking the damages as an entity in and of itself. One major indicator is the strong mentioning of The Sherman Act in the lawsuit, which can be applied to damaging the players, but moreover damaging the Liv Golf Tour where the players actually play.
Here’s a quote from the suit “It is no secret that the PGA Tour is targeting players in order to defeat the threat of competitive entry. The PGA Tour has been clear since the threat of competitive entry emerged that its most powerful weapon to defeat competition is to target its members—who comprise virtually all of the elite professional golfers in the world—to prevent them from playing on a competing tour. For example, PGA Tour Commissioner Monahan wrote in a January 2020 strategy memorandum that the best way to prevent a competitor from emerging is to prevent PGA Tour members (including Plaintiffs) from supporting the new promoter: The impact that [the new league] could have on the PGA TOUR is dependent on the level of support it may receive from these players. Without this support, [the new league’s] ability to attract media and corporate partners will be significantly marginalized and its impact on the TOUR diminished. At its core, the point is obvious: A nascent golf league without the golfers necessary to put on elite events is no threat at all. Deprive the new league of access to virtually all of the top golfers in the world, and it will pose no challenge to the Tour’s dominance.”
In essence the above quote targets the players, but now that the players have actual started playing for LIV, the actual Sherman act will be much more provable, due to all the episodes that the PGA and Monohan has pulled off blocking and intimidating brands, media and other entities in dealing with LIV.
Look for all the other players to possibly exit this lawsuit and for new lawsuits from some of the individual players to come against Monohan and the PGA. Furthermore, now LIV Golf attorneys can organize discovery in such a way that, in our opinion, can prove the PGA is a monopoly and that Monohan has been instrumental in throwing that monopolistic weight around to ruin LIV Golf. And remember with multiple plaintiffs, the lawsuit will take longer and with the many forms of discovery can actually help the PGA to buy time and to prolong the suit.
With LIV as the primary plaintiff, it now streamlines the discovery and litigation process and don’t be surprised if many players become witnesses and file separate actions against the PGA and Monohan. Great move by all the plaintiff’s attorneys. Stay tuned to Tee Box Times for continual updates without the mainstream media spin.
Below are just a few of the allegations made against the PGA and Monohan in the lawsuit. It was inevitable that LIV was going to enter this suit. And don’t be fooled by the media. LIV and player attorneys would never had made these allegations, if they weren’t provable.
Tour Threatens Small Businesses and Vendors To Boycott LIV Golf
244. As part of its efforts to foreclose competition from LIV Golf and to foreclose competition for Plaintiffs’ services, the Tour has also threatened companies and individuals in the golf and sports production industry that they will be blackballed from working with the Tour if they work with LIV Golf.
245. In January 2022, LIV Golf was negotiating with a tent vendor, Arena Americas, about providing tents for LIV Golf events. Arena Americas indicated that it was interested in working with LIV Golf, and LIV Golf engaged Arena Americas for its LIV Golf Invitational Series. However, Arena Americas subsequently informed LIV Golf that it could not work with LIV Golf because the Tour had told Arena Americas that it would cease doing business with Arena Americas if it worked with LIV Golf.
246. LIV Golf had contracted with a golf scoring technology company, R2 Innovative Technologies, to provide live scoring during LIV Golf events for fans watching and following along on the Internet. On March 23, 2022, LIV Golf received an email from R2 Innovative Technologies that it needed to rescind the contract with LIV Golf due to a business issue and needed to discuss the issue with its attorney. R2 Innovative Technologies later represented to LIV Golf that representatives from the PGA Tour had threatened R2 Innovative Technologies that the Tour would cease doing business with it if it provided LIV Golf with support. R2 Innovative Technologies also told LIV Golf that the PGA Tour has a “blacklist” for any vendor that works with LIV Golf. A Tour representative called R2 Innovative Technologies and threatened to blacklist them if they worked with LIV Golf.
247. LIV Golf was in negotiation with Top Tracer to license its shot-tracing technology for use during LIV Golf broadcasts. The Chief Executive Officer of Top Tracer was engaged with LIV Golf on multiple calls, expressed major interest in providing LIV Golf with a license to Top Tracer technology and developing a broader relationship to deploy and develop innovative products. Suddenly, however, Top Tracer ceased communication with LIV Golf. After a period of radio silence, Top Tracer informed LIV Golf that it would not be putting itself up for the potential business with LIV Golf.
248. LIV Golf was in negotiation with Levelwear athletic apparel for LIV Golf volunteer apparel for LIV Golf Invitational Series event staffing. On March 25, 2022, Levelwear informed LIV that it would not sell LIV Golf any apparel because it did not want to jeopardize its relationship with the Tour.
249. LIV Golf reached out to numerous producer candidates, many of whom are independent contractors, who have communicated to LIV Golf that NBC and Golf Channel personnel have informed all producers that they will not be hired or renewed for any work with NBC or Golf Channel moving forward if they work with LIV Golf.
250. Senior programming executives at CBS revealed to LIV Golf that they cannot touch LIV Golf even for consideration due to its relationship with the PGA Tour.
251. LIV Golf tried to retain the Endeavor Company, which includes IMG, IMG Arena, IMG Media and WME, and despite interest in working with LIV Golf, they have told LIV Golf they cannot work with it because Tour Commissioner Monahan has impressed upon Ari Emmanuel (Endeavor CEO) and Mark Shapiro (Endeavor President) that Endeavor cannot work with LIV Golf.
252. Other vendors, like Intersport (event management company) and Aggreko (Power/HVAC) engaged with LIV Golf but backed out without explanation, likely indicating that they were subjected to pressure from the PGA Tour similar to that expressed by other third-party vendors.
253. LIV Golf negotiated with Provision Events, an event management company. On February 15, 2020 Provision Events told LIV Golf, “we feel like we can provide exactly what you need and our ambition would be to become your activation partner.” Provision Events and LIV Golf corresponded regarding scope and arranged for a meeting to occur in March 2022. On March 10, 2022, Provision Events emailed LIV Golf and informed LIV Golf without explanation that it could no longer work with LIV Golf.
254. To supply drug testing procedures for the competing athletes, LIV Golf contacted Drug Free Sport. A Drug Free Sport representative informed LIV Golf that it would have to take the prospect of doing business with LIV Golf to his boss because of Drug Free Sport’s involvement with the Tour, but stated that “we do business with other organizations, not sure why this would be any different.” After checking with the “boss,” the Drug Free Sport representative responded to LIV Golf, “I’ve spoken to our CEO and given current headwinds in our space, we won’t be able to engage at this time.”
255. LIV Golf tried to negotiate with a golf shot technology company, Hawk Eye. Chris Wary of Hawk Eye emailed LIV Golf that “[u]pon careful consideration and following internal discussions, regrettably, at this point in time, we are not in a position to proceed any further with the potential delivery of these technologies due to conflict of interest with our existing relationships.” The Tour is a Hawk Eye client.
256. LIV Golf tried to schedule events at a premier golf course, Sentosa Golf Club. Bob Tan, Chairman of Sentosa Golf Club, informed LIV Golf that Dominic Wall of the R&A called him and informed him that Sentosa Golf Club would be excluded and shunned by the rest of the world of golf if it worked with LIV Golf.
257. LIV Golf tried to engage Ticketmaster for ticketing at its events. Ticketmaster was prepared to work with LIV Golf until Ticketmaster pulled out of helping LIV Golf with ticket sales in response to pressure from the PGA Tour.
258. LIV Golf tried to engage Pro Secrets, a yardage book company. Michael Etherington of Pro Secrets informed LIV Golf that the PGA Tour had asked Pro Secrets to not work with LIV Golf.
259. LIV Golf tried to engage a company known as Cueto to provide software for organizing event volunteers. Cueto was prepared to work with LIV Golf until Cueto informed LIV Golf that it cannot work with LIV Golf “because of the threat it received from the PGA Tour.”
260. LIV Golf tried to order custom hats through American Needle hat company, and American needle informed LIV Golf that it does not want to do business with LIV Golf because of its relationship with the PGA Tour and Augusta National.
261. LIV Golf tried to enter into a business relationship with Dick’s Sporting Goods. In response, Dick’s Sporting Goods informed LIV Golf that “[g]iven our relationship with the PGA Tour and our Tournament [PGA Tour Champions tournament], [] [Dick’s Sporting Goods representatives] agree it’s best to pass right now.”
262. The PGA Tour threatened numerous golf courses with adverse consequences if they hosted LIV Golf events. LIV Golf secured commitments from pristine high level courses, but the PGA Tour and the R&A retaliated against the owners of the venues with which LIV Golf contracted. The R&A punished one golf course owner by adopting a policy that it would not host The Open at his course in the future because he is giving LIV Golf “a platform,” and as the R&A is “firmly on the side of the traditional Tours [PGA Tour and European Tour].” The Tour informed the same golf course owner that it would never work with the Tour again because it had worked with LIV Golf.
263. In July 2022, LIV Golf’s branding team, Czarnowski, terminated its relationship with LIV Golf due to pressure from the PGA Tour.
264. The Tour threatened sponsors that they would lose opportunities to partner with the Tour if they worked with LIV Golf.
Regardless of what the media says, this battle is just beginning. It is far from over.
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