Comment by Mary Ryan
After the 1936 Summer Olympics, George Orwell wrote that international sport is “war minus the shooting.” In that case, the Professional Golfers Association Tour (PGA Tour), once at war with the Saudi-financed league, LIV Golf (LIV), has waived its white flag and surrendered. The competitors recently reached an agreement and announced they will merge under one entity. The agreement evokes Orwell's analogy and reminds us of sport's role in public life and the media. More importantly, it reminds us of the intersection between sports, business, and the law.
New sports leagues frequently merge with existing leagues, but, here, the agreement followed months of legal disputes and public disparagement between the two parties. Accordingly, it shocked the sports world, the U.S. government, and legal professionals alike. Now, the DOJ must modify its existing investigation and determine whether the agreement violates federal antitrust law. This Comment argues that, by entering the agreement, both parties have likely violated Section Two of the Sherman Act, which prohibits unilateral monopolization, attempted monopolization, and conspiracy to monopolize.
About the Author
Anna Volkov, J.D. Candidate 2024, Tulane University Law School, B.A. 2017 Rhodes College. First, I would like to thank Professor Gabe Feldman for his guidance, support, and expertise throughout research, writing and publication. Next, I would like to thank the Tulane Law Review members—specifically the Senior Board--for their assistance in preparing this Comment for publication. Lastly, this Comment is dedicated to my family and friends for their unwavering support throughout my time in New Orleans.
Citation
98 Tul. L. Rev. 167