@unclemikeflavin

Commented on Who Will Show Up to LIV Golf Promotions?

Is the PGA practice of punishing players for trying to make it on LIV legal? CHAT GOT In short: It may be legal under contract law in certain cases (i.e., players agree to the rules, the PGA enforces them). But it is by no means safe from antitrust liability, and depending on the specifics (how broad the ban is, how long it lasts, how much it restricts competition), a court could find it unlawful. If I were to hazard a more definitive statement: • The PGA’s practice is legally precarious, not fully insulated from challenge. • A player or rival tour has a plausible antitrust claim arguing that the PGA is using its dominant position to exclude competition and reduce players’ alternatives. • Even if the contract allowed the PGA to ban a player, antitrust law may override contractual freedom if the conduct is exclusionary and harmful to competition. • From a pure “labor law” perspective (employee rights, NLRA) the framing is weaker, because these players are independent contractors — but the antitrust route is the stronger path. ⸻ Some caveats / conditions that matter Here are details that might tilt the analysis one way or the other: • What is the relevant market? If the PGA Tour can show there are other viable tours (domestic or international) and thus it does not monopolize the market, the antitrust claim weakens. • How the rule is applied: If the PGA’s rule is narrow, time‐limited, or applies only in certain circumstances (e.g., conflict events), the rule is more defensible than an outright lifetime ban. • Justifications: If the PGA can show legitimate business justifications (e.g., scheduling conflicts, brand protection, contractual obligations to sponsors/TV) and that the rule is reasonable in scope, courts may give more deference. • Choice and bargaining: If players effectively had no meaningful choice (e.g., the PGA is the only realistic tour and one must accept the restrictive contract to play at that level), courts may say that the restriction is too coercive. • Duration & severity of the sanction: A short‐term suspension might be judged differently than a lifetime ban. • Nature of the membership agreement and rule clarity: If the rules were clearly disclosed, accepted by the player, and reasonably applied, contract enforcement is stronger. If they were ambiguous or retroactively imposed, that weakens the defense.

11/8/2025