‘If anyone is competing unfairly, it is LIV’: PGA Tour responds, countersues LIV Golf in latest legal action

The Tour is arguing LIV is using players to “free ride off the Tour and its platform.”

Another day, another lawsuit in the ongoing battle between LIV Golf and the PGA Tour.

LIV Golf and three of its players are currently suing the PGA Tour for antitrust violations, and on Wednesday night the Tour responded to and countersued the upstart circuit – led by Greg Norman and backed by Saudi Arabia’s Public Investment Fund – with some charges of its own.

While LIV alleges the Tour uses monopoly power and illegally suspended players, the Tour’s countersuit claims LIV is using players, “and the game of golf to sportswash the recent history of Saudi atrocities and to further the Saudi Public Investment Fund’s Vision 2030 initiatives.”

From the countersuit:

“Indeed, a key component of LIV’s strategy has been to intentionally induce Tour members to breach their Tour agreements and play in LIV events while seeking to maintain their Tour memberships and play in marquee Tour events like The Players Championship and the FedEx Cup Playoffs, so LIV can free ride off the Tour and its platform.

“LIV has openly sought to damage the Tour’s business relationships with its members by inducing them to breach their contractual requirements, even going so far as to pay members’ legal fees to make breaching their contracts with Tour more enticing.”

Eleven LIV players were part of the original lawsuit on Aug. 3 before Phil Mickelson, Ian Poulter, Hudson Swafford and Talor Gooch asked to be removed on Tuesday, joining Abraham Ancer, Carlos Ortiz, Pat Perez and Jason Kokrak, who all previously removed their names. LIV Golf, who joined the suit in an amended complaint filed Aug. 27., and just three players remain: Bryson DeChambeau, Matt Jones and Peter Uihlein.

More: What to consider after LIV players lose Round 1 in lawsuit vs. Tour

“The Player Plaintiffs that have remained in the case,” the argument reads, “want only to enrich themselves in complete disregard of the promises they made to the Tour and its members when they joined the Tour.”

“LIV, by its own admission, has succeeded in attracting numerous elite professional golfers to participate in its new league. LIV has held numerous events with full fields and has announced a full season for 2023. Both LIV and the Player Plaintiffs baked the financial cost of their suspensions into LIV’s exorbitant signing bonuses, making the Player Plaintiffs whole,” the document states. “Moreover, while LIV and the Player Plaintiffs challenge the Tour’s media rights and conflicting events policies as anticompetitive, LIV imposes similar – indeed far more restrictive – conditions on its players, and the Player Plaintiffs have agreed to them.

“This case is not about unfair competition – if anyone is competing unfairly, it is LIV, not the Tour. Instead, it is a cynical effort to avoid competition and to free ride off of the Tour’s investment in the development of professional golf. Plaintiffs’ allegations are baseless and entirely without legal merit.”

The U.S. Department of Justice is also investigating the Tour for its actions in combatting LIV.

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5 things to consider after LIV Golf players lost Round 1 in lawsuit versus the PGA Tour

There were several other nuggets discussed Tuesday that are worth another look.

While the most important thing to come out of the federal court hearing in San Jose, California, was that Judge Beth Labson Freeman wouldn’t grant a temporary restraining order to allow three LIV Golf players to compete in the PGA Tour’s FedEx Cup Playoffs, there were several other nuggets discussed Tuesday that are worth another look.

LIV golfers Talor Gooch, Matt Jones and Hudson Swafford had requested the temporary restraining order that was denied. They would have earned enough points in the season-long FedEx Cup qualifying to have made the playoffs, but they won’t be allowed to tee it Thursday in the FedEx St. Jude Championship after Judge Freeman ruled that their Tour suspensions would stand, at least for now.

From the amounts the players were paid by LIV Golf, which is apparently eye-popping for the judge but were redacted and not verbalized in detail, to the fact that some other players might have misled the media and fans in past interviews about how their contracts and winnings mesh, there is plenty to dissect. Let’s take a look.

More: PGA Tour responds | Golf Twitter reactsLIV Golf’s response

LIV Golf statement on players being denied access to PGA Tour’s FedEx Cup Playoffs: No one gains by banning golfers”

“No one gains by banning golfers from playing.”

After what is sure to be the first of many legal matches between the PGA Tour and players who jumped ship to play for the upstart LIV Golf Invitational Series, the Tour is 1 up.

On Tuesday a judge ruled against Talor Gooch, Matt Jones and Hudson Swafford after they sought to sue their way into the PGA Tour’s FedEx Cup Playoffs. Last week, the trio filed for a temporary restraining order as part of a larger antitrust lawsuit against the Tour.

The three golfers argued they should be allowed to compete in the playoffs because it would cause them irreparable financial harm, seeing as they had already earned a qualifying spot before they were suspended for playing in a LIV Golf event.

Report: Player drops name from lawsuit against PGA Tour

LIV Golf released the following statement shortly after the ruling:

“We’re disappointed that Talor Gooch, Hudson Swafford and Matt Jones won’t be allowed to play golf. No one gains by banning golfers from playing.”

The first event of the Tour’s postseason begins Thursday with the 2022 FedEx St. Jude Championship at TPC Southwind in Memphis, Tennessee.

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Golf Twitter reacts to the LIV players vs. PGA Tour court hearing and several interesting takes from the LIV Golf lawyer

What a day for Golf Twitter.

Tuesday was the hearing date for the lawsuit filed against the PGA Tour by 10 members of the LIV Golf Series (the number of players was originally 11, but Carlos Ortiz dropped out).

LIV players have been suspended by the PGA Tour, and because of this, are unable to participate in the FedEx Cup Playoffs which start Thursday at the FedEx St. Jude Championship in Memphis, Tennessee. Three of the 10 plaintiffs are seeking entry into the event: Talor Gooch, Matt Jones and Hudson Swafford.

During the hearing, LIV’s lawyer said several questionable things, including comparing the FedEx Cup to the Super Bowl.

Here are some reactions from Twitter:

Report: Carlos Ortiz drops name from LIV Golf players’ lawsuit against PGA Tour

The antitrust lawsuit against the PGA Tour that included 11 players on the upstart LIV Golf series has lost a supporter.

The antitrust lawsuit against the PGA Tour that included 11 players on the upstart LIV Golf series has lost a supporter.

On Tuesday Carlos Ortiz, who still has “PGA Tour player” in his Twitter bio, told Golf Channel that he would be dropping out of the lawsuit that included the likes of Phil Mickelson, Bryson DeChambeau, Talor Gooch, Hudson Swafford, Matt Jones, Ian Poulter, Abraham Ancer, Pat Perez, Jason Kokrak and Peter Uihlein. The players are challenging their suspensions by the PGA Tour for their actions in joining the Greg Norman-led LIV Golf Invitational Series, which is backed by Saudi Arabia’s Public Investment Fund.

According to a story by Golf Channel’s Rex Hoggard, Ortiz’s manager Carlos Rodriguez confirmed that he has decided to move on from the lawsuit.

The PGA Tour sent the U.S. District Court of Northern California a 32-page response to the initial lawsuit on Monday, plus a separate seven-page example of what it calls mischaracterizations and mistruths presented by the LIV players. The court is scheduled to hear a complaint on Tuesday on behalf of Gooch, Swafford and Jones, who are seeking an injunction against the Tour to allow them entry into the FedEx Cup Playoffs, which begin this week with the FedEx St. Jude Championship at TPC Southwind in Memphis, Tennessee. All three players would have qualified for the playoffs had they not been suspended.

LIV Golf has long been criticized as a way for the Kingdom to sportswash its human rights record with guaranteed money and multi-million dollar deals. Saudi Arabia has been accused of wide-ranging human rights abuses, including politically motivated killings, torture, forced disappearances and inhumane treatment of prisoners. And members of the royal family and Saudi government were accused of involvement in the murder of Jamal Khashoggi, a Saudi journalist and Washington Post columnist.

Ortiz was suspended by the Tour after making his debut at the second LIV Golf event earlier this summer in Portland. Over just two LIV events Ortiz has made $3.175 million, more than he made all last season on Tour in 28 starts ($2,682,104).

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