4 AUGUST, 2022 - SHANK MEDIA, BY MATT HOOPER:
3 August 2022, the day golf changed forever.
We'll look back on this day in years to come, not with the fondness of Jack winning The Masters in 1986, or Tiger winning it in 2019, but it will be a moment which forever changed the sport and the way it is run at professional level.
Cricket fans among you will know all about the 1970's and Kerry Packer's World Series Cricket, and how it went to court, and eventually World Series Cricket transformed the sport and the two warring factions came back together.
Today's action by 11 PGA Tour/LIV Golfers will have major ramifications for the sport for decades. The establishment now has absolutely no choice but to come to the table and be adults.
ON WEDNESDAY PHIL MICKELSON, TALOR GOOCH, HUDSON SWAFFORD, MATT JONES, BRYSON DECHAMBEAU, ABRAHAM ANCER, CARLOS ORTIZ, IAN POULTER, JASON KOKRAK, PAT PEREZ AND PETER UIHLEIN FILED AN ANTITRUST SUIT AGAINST THE PGA TOUR FOR THEIR SUSPENSIONS DUE TO JOINING LIV GOLF. 3 PLAYERS (MATT JONES, TALOR GOOCH AND HUDSON SWAFFORD) HAVE SOUGHT A TEMPORARY INJUNCTION TO ALLOW THEM TO PLAY IN THE FEDEX CUP PLAYOFFS, WHICH BEGIN AT THE FEDEX ST JUDE CHAMPIONSHIP NEXT WEEK.
“The Tour’s unlawful strategy has been both harmful to the players and successful in threatening LIV Golf’s otherwise-promising launch,” the 105-page lawsuit claimed. “The Tour flexed its incumbent monopolistic power, including by enforcing its unlawful player restrictions that deny players the ability to sell their services to others, imposing lengthy suspensions on players for merely exercising their right as independent contractors to play in a competing promoter’s events, and ramping up its threats targeting Plaintiffs and others.”
SOURCE: BUNKERED
THE LAWSUIT ALSO REVEALS THAT PHIL MICKELSON was suspended by the Tour for two months for, among other reasons, “attempting to recruit players to join LIV GOLF". MICKELSON HAS TWICE SINCE ATTEMPTED TO APPLY FOR REINSTATEMENT TO THE TOUR, BUT HAS BEEN DENIED ON BOTH OCCASIONS BY THE POWERS THAT BE. THE 6-TIME MAJOR CHAMPION HAS SINCE BEEN SUSPENDED TWICE ADDITIONALLY FOR PLAYING IN LIV GOLF EVENTS - FIRSTLY UNTIL MARCH 2023 FOR TEEING IT UP AT CENTURION, AND THEN UNTIL MARCH 2024 FOR PLAYING AT PUMPKIN RIDGE NEAR PORTLAND.
THE 11 PLAYERS ARE CITING THEIR RIGHT AS INDEPENDENT CONTRACTORS TO PLAY ON ANY TOUR, BUT UNSURPRISINGLY THEIR ACTION HAS BEEN MET WITH SEVERE BACKLASH FROM THE PGA TOUR AND ESTABLISHMENT OF THE SPORT.
JAY MONAHAN SENT THE FOLLOWING MEMO TO THE PGA TOUR MEMBERSHIP ON WEDNESDAY.
OF COURSE THE PGA TOUR ARE CHALLENGING THE LAWSUIT IN DEFENCE OF THEIR RULES AND REGULATIONS, AND AS SOME SEE DEFENDING THEIR MONOPOLY OVER THE WORLD OF PROFESSIONAL GOLF. THROUGHOUT THE MEMO MONAHAN REFERS TO LIV GOLF AS THE "SAUDI GOLF LEAGUE" ON 3 OCCASIONS, SOMETHING WHICH I FIND TO BE CONDUCT UNBECOMING OF SOMEONE WHO HOLDS AN OFFICE SO IMPORTANT WITHIN THIS SPORT.
for goodness sake, grow up jay. it is called liv golf, and no amount of hating the source of the money should even be relevant when considering this case. of course, if players willingly broke the rules and regulations of membership of the PGA TOUR then it certainly isn't a cut and dry win for the 11, but Saudi involvement REALLY SHOULD NOT BE CONSIDERED. IF THE SAUDIS, WHICH WAS CLOSE TO HAPPENING, FUNDED THE EUROPEAN TOUR AND BOOSTED THEIR PRIZE FUNDS TO LIV GOLF LEVELS, WOULD THE PGA TOUR REFUSE RELEASES? POSSIBLY, BUT ITS UNLIKELY IT COULD STAND FOR LONG. THIS IS ABOUT CONTROL OF THE GAME OF GOLF, AND ITS ABOUT RESPECT, AND IT SEEMS THAT JAY MONAHAN AND THE PGA TOUR ARE SHOWING LITTLE RESPECT TO ANYONE BUT THEMSELVES.
CNBC REVEALED LAST WEEK THAT The PGA Tour has been speaking behind the scenes with White House officials and congressional lawmakers about its concerns with LIV Golf, a rival league funded by Saudi Arabia. As plans for LIV Golf were coming together, the PGA Tour quietly started reaching out to the White House and lawmakers from both sides of the aisle in the second quarter of 2021.
Since last year, the PGA Tour has paid $360,000 to the firm DLA Piper to lobby lawmakers on their behalf for multiple topics, including “Saudi Golf League proposals.”
The PGA Tour shelled out $120,000 in the second quarter of 2022, which spans from April to June 30, according to the most recent filing. Records show that’s the most the PGA Tour has spent on lobbying in a given time period since it spent the same amount in the first half of 2004 to seek federal appropriations and grants for a charity golf program for young people, according to a filing.
The tour lobbied President Joe Biden’s Executive Office as recently as the second quarter this year, the latest filing says.
Lobbying efforts last year prompted Biden advisors to propose a sit-down meeting between a PGA Tour representative and Saudi Arabia’s ambassador to the U.S., Reema bint Bandar Al Saud, to discuss the Saudi-financed golf league, according to one of the people with knowledge of the effort.
SOURCE: CNBC
SO IT SEEMS THE PGA TOUR LEADERSHIP IS WILLING TO DO WHATEVER IT TAKES TO EXTINGUISH THE PERCEIVED THREAT TO THEIR INTROVERTED VIEW OF WORLD GOLF, AND IT SEEMS MONAHAN ALSO SEEMS TO VIEW PLAYERS AS EMPLOYEES OF THE PGA TOUR.
ALSO, IN THE MEMO SENT TO PLAYERS, MONAHAN REFERS TO THE 11 AS "COLLEAGUES" OF THE PGA TOUR MEMBERSHIP, OR TO BE PRECISE "FORMER COLLEAGUES". MONAHAN IS SOUNDING MORE AND MORE LIKE THE BOSS OF A COMPANY WHICH EMPLOYS THE GOLFERS, WHICH IT IS NOT. IT SEEMS THE LEADERSHIP OF THE PGA TOUR FORGET THAT THEY ARE JUST ONE TOUR OF MANY WHICH MAKE UP THE OFFICIAL WORLD GOLF RANKING AND THE INTERNATIONAL FEDERATION OF PGA TOURS. THE ONLY LOSER IN THIS BITTER BATTLE IS THE GAME OF GOLF, ESPECIALLY IF THE PGA TOUR CONTINUE THIS CONFRONTATIONAL STANCE.
SADLY IT SEEMS THAT THE PGA TOUR'S INTROVERTED VIEW OF WORLD GOLF, AND AMERICA'S INTROVERTED VIEW OF WORLD SPORT HAS MEANT THAT THEY ARE NOT LEARNING FROM HISTORY WHEN IT COMES TO DEALING WITH AN ALTERNATIVE PROPOSAL. THEIR CONTINUED STANCE OF SUSPENSIONS AND NOT COMMUNICATING WITH GREG NORMAN AND LIV GOLF, ALLIED TO THEIR ESTABLISHMENT PARTNERS AT THE DP WORLD TOUR, R&A, PGA OF AMERICA, USGA, AUGUSTA NATIONAL, AND THEIR PUPPETS IN THE MEDIA HAS REPLICATED THE CRICKET ESTABLISHMENT FROM 45 YEARS AGO WHEN KERRY PACKER CREATED WORLD SERIES CRICKET.
WE HAVE NOW REACHED THE MOMENT I PREDICTED WE WOULD IN MY MAJOR FEATURE 'GIVING THE GAME A SHEIKH UP' IN FEBRUARY, LEGAL ACTION AND THE FUTURE OF THE SPORT AT A CROSSROADS, MAKE A WRONG TURN NOW AND PROFESSIONAL MEN'S GOLF COULD GO INTO TOTAL MELTDOWN. NEARLY HALF A CENTURY ON, GOLF HAS GONE FULL WORLD SERIES CRICKET.
WHAT WAS WORLD SERIES CRICKET?
THE ABC (AUSTRALIAN BROADCASTING COMPANY) HELD THE RIGHTS TO CRICKET IN AUSTRALIA, AND KERRY PACKER WANTED THEM FOR NINE NETWORK, A RIVAL STATION. THE AUSTRALIAN CRICKET BOARD WOULD NOT SELL THEM TO PACKER, AND THE CRICKET-MAD EXECUTIVE DECIDED TO CREATE HIS OWN COMPETITION.
WORLD SERIES CRICKET WOULD LAUNCH AFTER MONTHS OF SECRET APPROACHES TO PLAYERS IN AUSTRALIA, PAKISTAN, INDIA, ENGLAND AND THE WEST INDIES, BUT The ICC decided to treat Packer's WORLD SERIES with contempt AND decided THE matches would not be given first-class status and the players involved would be banned from Test matches and first-class cricket.
Packer moved quickly to shore up support, meeting with the players and taking legal action to prevent third parties from inducing players to break their contracts. To clarify the legal implications (including the proposed bans), Packer backed a challenge to the TCCB in the High Court by three of his players: Tony Greig, Mike Procter and John Snow.
The case began on 26 September 1977 and lasted seven weeks. The cricket authority's counsel said that if the top players deserted traditional cricket then gate receipts would decline. Mr. Packer's lawyers stated that the ICC had tried to force the Packer players to break their contracts and to prevent others from joining them. Mr Justice Christopher Slade considered the following nine points:
Are the contracts between WSC and its players void?
Has WSC established that, as at 3 August, and subject to any statutory immunity conferred by the 1974 Act,[22] it was a good cause of action in tort against the ICC based on inducement of breach of contract?
Has WSC established that as at 3 August and subject as aforesaid, it had a good cause of action in tort against the TCCB based on the same grounds?
Subject to the provisions of the 1974 Act, are the new ICC rules void as being in restraint of trade?
Subject to aforesaid, are the proposed new TCCB rules void as being in restraint of trade?
Is the ICC an employers' association within the 1974 Act?
Is the TCCB an employers' association?
If either the ICC or TCCB or both be employers' associations, does this itself bar any cause of action that would otherwise exist?
In the light of the answers, what relief (if any) should be given to (a) the individual plaintiffs and (b) WSC?
Justice Slade in his judgment said that professional cricketers need to make a living and the ICC should not stand in their way just because its own interests might be damaged. He said the ICC might have stretched the concept of loyalty too far. Players could not be criticized for entering the contracts in secrecy as the main authorities would deny the players the opportunity to enjoy the advantages offered by WSC.
The decision was a blow to the cricket authorities and, adding insult to injury, they had to pay court costs. English County cricket teams were pleased as their players who had signed to play for Packer were still eligible to play for them. SOURCE: WIKIPEDIA
WORLD SERIES CRICKET FEATURED TWO COMPETITIONS - THE SUPER TESTS AND THE INTERNATIONAL CUP. THE INTERNATIONAL CUP WAS A ONE-DAY COMPETITION AND WOULD BE AT THE HEART OF THE TREMENDOUS LEGACY LEFT BY THE CONTROVERSIALLY ESTABLISHED PLATFORM.
PLAYERS FROM AUSTRALIA, ENGLAND AND THE WEST INDIES RESIGNED FROM PLAYING FOR THEIR HOME CRICKET BOARDS AND JOINED THE WORLD SERIES WITH AUSTRALIA PLAYING WEST INDIES AND A WORLD XI.
PLAYERS FROM AUSTRALIA, ENGLAND AND THE WEST INDIES RESIGNED FROM PLAYING FOR THEIR HOME CRICKET BOARDS AND JOINED THE WORLD SERIES WITH AUSTRALIA PLAYING WEST INDIES AND A WORLD XI.
THE FIRST WORLD SERIES CRICKET SUPER TEST WAS A PR DISASTER FOR PACKER AND THE WORLD SERIES, WITH JUST A FEW HUNDRED PEOPLE ATTENDING AT THE THEN 70,000 CAPACITY VFL PARK NEAR MELBOURNE.
IN THE SECOND SUPER TEST AN INCIDENT OCCURRED WHICH HELPED FORGE PART OF WORLD SERIES CRICKET'S LEGACY. AN AUSTRALIAN BATTER, DAVID HOOKES, HAD HIS JAW BROKEN BY A BOUNCING BALL, AND WITH THE INCIDENT CAPTURED BY NINE NETWORK THE PLAYERS DECIDED THINGS HAD TO CHANGE IN THE WAY THEY PROTECTED THEMSELVES.
the first helmets appeared on batsmen's heads. Initially, Englishman Dennis Amiss sported a motorcycle helmet when batting in WSC, and he was quickly followed by many other players. Protective cricket equipment developed rapidly, and by the end of WSC, virtually all batsmen in WSC and official Test matches were sporting some form of protective headwear.
IN THE SECOND SUPER TEST AN INCIDENT OCCURRED WHICH HELPED FORGE PART OF WORLD SERIES CRICKET'S LEGACY. AN AUSTRALIAN BATTER, DAVID HOOKES, HAD HIS JAW BROKEN BY A BOUNCING BALL, AND WITH THE INCIDENT CAPTURED BY NINE NETWORK THE PLAYERS DECIDED THINGS HAD TO CHANGE IN THE WAY THEY PROTECTED THEMSELVES.
the first helmets appeared on batsmen's heads. Initially, Englishman Dennis Amiss sported a motorcycle helmet when batting in WSC, and he was quickly followed by many other players. Protective cricket equipment developed rapidly, and by the end of WSC, virtually all batsmen in WSC and official Test matches were sporting some form of protective headwear.
OF COURSE, THIS BREAKAWAY WAS MOCKED BY THE MEDIA, WHICH WAS WOVEN TO THE ESTABLISHMENT IN AUSTRALIA AND ENGLAND, AS CAN BE SEEN BY THE TONE OF THE QUESTIONING IN THE ADJACENT VIDEO. THE "PACKER CIRCUS" WAS A POPULAR TAGLINE GENERATED BY THE MEDIA TO DESCRIBE THE WORLD SERIES. THE ESTABLISHMENT AND THE MEDIA WOVEN TO THEM COULD NOT STAND THE FACT SOMEONE ELSE THOUGHT THEY COULD DO A BETTER JOB AT PROMOTING THE SPORT.
NINE NETWORK DEDICATED MORE CAMERAS, UNIQUE ANGLES AND OTHER INNOVATIONS TO MAKE WATCHING CRICKET ON TELEVISION A MUCH MORE ENJOYABLE EXPERIENCE, WITH SEVERAL INNOVATIONS THEY INTRODUCED STILL USED ACROSS THE WORLD TODAY.
NINE NETWORK DEDICATED MORE CAMERAS, UNIQUE ANGLES AND OTHER INNOVATIONS TO MAKE WATCHING CRICKET ON TELEVISION A MUCH MORE ENJOYABLE EXPERIENCE, WITH SEVERAL INNOVATIONS THEY INTRODUCED STILL USED ACROSS THE WORLD TODAY.
AFTER ITS SLOW START WORLD SERIES CRICKET MADE A BREAKTHROUGH WITH THE INTRODUCTION OF A MASTERFUL PIECE OF MARKETING. THE C'MON AUSSIE C'MON THEME WHICH WAS USED TO PROMOTE THE WORLD SERIES ENCOURAGED PEOPLE TO COME IN THEIR DROVES TO THE AUSTRALIA V WEST INDIES DAY-NIGHT GAME AT THE SYDNEY CRICKET GROUND ON 28 November 1978.
A NEAR-CAPACITY CROWD OF 44,377 TURNED OUT TO WATCH THE GAME, IT WAS LIFT-OFF FOR THE WORLD SERIES, AND IT WOULD HURT THE AUSTRALIAN CRICKET BOARD FINANCIALLY WITH MORE PEOPLE WANTING TO GO TO WSC GAMES THAN THE ESTABLISHED, TRADITIONAL GAMES.
NEITHER THE ACB OR WSC WERE FULFILLING THEIR POTENTIAL FINANCIALLY AND IN MAY 1979 THE TWO PARTIES AGREED TO COME TOGETHER FOR THE GOOD OF CRICKET. THE ACB SOLD THE RIGHTS TO AUSTRALIAN CRICKET TO PACKER AND NINE NETWORK AND THE PLAYERS RETURNED TO PLAY UNDER THE AUSTRALIAN CRICKET BOARD BANNER. A NEW COMPETITION, THE WORLD SERIES CUP, WAS LAUNCHED FOR ONE DAY CRICKET IN AUSTRALIA FEATURING THE HOME SIDE AND TWO TOURING NATIONS.
A NEAR-CAPACITY CROWD OF 44,377 TURNED OUT TO WATCH THE GAME, IT WAS LIFT-OFF FOR THE WORLD SERIES, AND IT WOULD HURT THE AUSTRALIAN CRICKET BOARD FINANCIALLY WITH MORE PEOPLE WANTING TO GO TO WSC GAMES THAN THE ESTABLISHED, TRADITIONAL GAMES.
NEITHER THE ACB OR WSC WERE FULFILLING THEIR POTENTIAL FINANCIALLY AND IN MAY 1979 THE TWO PARTIES AGREED TO COME TOGETHER FOR THE GOOD OF CRICKET. THE ACB SOLD THE RIGHTS TO AUSTRALIAN CRICKET TO PACKER AND NINE NETWORK AND THE PLAYERS RETURNED TO PLAY UNDER THE AUSTRALIAN CRICKET BOARD BANNER. A NEW COMPETITION, THE WORLD SERIES CUP, WAS LAUNCHED FOR ONE DAY CRICKET IN AUSTRALIA FEATURING THE HOME SIDE AND TWO TOURING NATIONS.
IT MAY WELL HAVE BEEN CONTROVERSIAL AT THE START BUT WORLD SERIES CRICKET WAS A SUCCESS IN THE FACT IT WAS ENTERTAINING AND INNOVATIVE, AND ITS LEGACY IS STILL FELT TODAY WITHIN CRICKET.
ITS HECTIC SCHEDULE FORCED PLAYERS TO BE FITTER THAN EVER BEFORE, THE WSC MADE PLAYERS RICHER THAN EVER BEFORE, DAY NIGHT CRICKET TRANSFORMED THE SPORT AND MADE IT MORE APPEALING TO A WIDER AUDIENCE, COLOURED UNIFORMS AND A WHITE BALL MADE THE SPORT EASIER TO ENGAGE WITH AND TO FOLLOW. WORLD SERIES CRICKET MADE CRICKET APPEALING TO BROADCASTERS AROUND THE WORLD, AND THE RICHES THAT FOLLOWED HELP THE GAME DEVELOP ON THE WORLD STAGE BEYOND THE TRADITIONAL TEST PLAYING NATIONS.
ITS HECTIC SCHEDULE FORCED PLAYERS TO BE FITTER THAN EVER BEFORE, THE WSC MADE PLAYERS RICHER THAN EVER BEFORE, DAY NIGHT CRICKET TRANSFORMED THE SPORT AND MADE IT MORE APPEALING TO A WIDER AUDIENCE, COLOURED UNIFORMS AND A WHITE BALL MADE THE SPORT EASIER TO ENGAGE WITH AND TO FOLLOW. WORLD SERIES CRICKET MADE CRICKET APPEALING TO BROADCASTERS AROUND THE WORLD, AND THE RICHES THAT FOLLOWED HELP THE GAME DEVELOP ON THE WORLD STAGE BEYOND THE TRADITIONAL TEST PLAYING NATIONS.
SO WHILST THEIR ARE DISTINCT DIFFERENCES IN THE GLOBAL STATUS OF GOLF IN 2022 TO CRICKET IN 1976, THE PRINCIPLES OF CONTROL OF THE SPORT REMAIN EXACTLY THE SAME, AND SADLY THE WAY THE ESTABLISHMENT HAS HANDLED THE SITUATION IS EXACTLY THE SAME, WITH THE RESULT BEING A COURT CASE.
FROM HERE THERE ARE TWO PATHS THE ESTABLISHMENT TOURS AND MAJOR CHAMPIONSHIP ORGANISERS CAN TAKE.
THEY CAN CONTINUE WITH THE STANCE THEY HAVE TAKEN ALL YEAR, WHICH WILL POTENTIALLY RESULT IN THE SWIFT DESTRUCTION OF PROFESSIONAL MEN'S GOLF - WITH PLAYERS POSSIBLY BOYCOTTING MAJOR CHAMPIONSHIPS OR THE PGA TOUR FEDEX CUP PLAYOFFS, OR EVEN THE RYDER CUP. THEIR STANCE SO FAR HAS NOT PREVENTED MANY GOLFERS JOINING LIV INCLUDING A PLAYER WHICH WAS RANKED WORLD NUMBER ONE AS RECENTLY AS 2021, DUSTIN JOHNSON, AND WON'T PREVENT FURTHER "DEFECTIONS", WITH HIDEKI MATSUYAMA, CAMERON SMITH, ADAM SCOTT AND MARC LEISHMAN AMONG THE PLAYERS RUMOURED TO BE HEADING TO LIV FOR THE 2023 SEASON.
THERE CAN BE LITTLE DOUBT THAT SPONSORS OF PGA TOUR EVENTS WILL NOT STAND FOR THIS CONTINUED DIVISION AND THE RESTRICTIONS WHICH ARE NOW PLACED UPON TOURNAMENT PROMOTERS, NOT BE ABLE TO OFFER SPONSOR INVITES TO 48 OF THE WORLD'S BEST GOLFERS. IT IS THIS UNDOUBTED PRESSURE WHICH I AM SURE IN THE END WILL BREAK THE IMPASS, AND POSSIBLY SEE JAY MONAHAN REMOVED AS COMMISSIONER OF THE PGA TOUR. HE SAYS HE IS ACTING ON BEHALF OF THE PLAYERS, BUT HIS CONTINUED REFUSAL TO EVEN ACKNOWLEDGE GREG NORMAN OR CALL LIV GOLF BY ITS PROPER NAME SHOWS AN ATTITUDE AND BEHAVIOUR OF A PERSON WHO IS UNFIT TO HOLD THIS POSITION.
THE MAJOR CHAMPIONSHIP ORGANISERS, EXPLICITLY THE R&A WHO HAVE MADE THE MOST PUBLIC COMMENTS ABOUT LIV GOLF, MAY WELL THINK THEY AND THEIR EVENTS ARE ABOVE THE REST OF THE GAME, BUT AT THE END OF THE DAY IT IS THE GOLFERS WHICH HAVE PROVIDED THE HISTORY OF THE OPEN, NOT MIDDLE CLASS WHITE MEN LIVING IN FIFE. WITH 11 MAJOR CHAMPIONS PLAYING IN LIV GOLF ALREADY, AND MORE LIKELY TO FOLLOW, IT WOULD SEEM UTTERLY UNSUSTAINABLE TO BAN THESE PLAYERS FROM THE OPEN, IF THEY ARE ELIGIBLE.
THE ESTABLISHMENT NEEDS A WAKE UP CALL, AND THE COURT CASE IN SAN FRANCISCO WILL HOPEFULLY BE IT.
IF THEY DO HAVE A EUREKA MOMENT THEN GOLF CAN HEAD IN A DIFFERENT DIRECTION, UNIFYING ACROSS THE WORLD AND WORKING WITH LIV GOLF TO CREATE SOMETHING TRULY SPECTACULAR ON A GLOBAL STAGE. CRICKET HAS NEVER BEEN THE SAME SINCE WORLD SERIES CRICKET, AND THEN THE INDIAN PREMIER LEAGUE. THE SPORT HAS GROWN, IT HAS EVOLVED, AND IF CRICKET CAN DO THAT, THEN GOLF, A SPORT WHICH HAS MUCH GREATER GLOBAL APPEAL AND APPEAL AMONG THE WORKING CLASSES, CAN DO SO TOO. THE RESULTS COULD BE ABSOLUTELY TREMENDOUS.
WHATEVER HAPPENS, THIS IS A SEMINAL MOMENT FOR GOLF. THE OUTCOME OF THIS TRIAL WILL SHAPE THE SPORT FOR YEARS TO COME, AND WILL RANK ALONGSIDE THE "HELLO WORLD" MOMENT NEARLY 26 YEARS AGO.
