The crucial ‘no poaching’ clause of of the PGA Tour’s framework deal with the Saudi Public Investment Fund (PIF) has been dropped in response to the US Justice Department’s inquiry into the merger.
The landmark deal announced on June 6 did not have too many firm details in it, but one of the few – along with dropping all legal proceedings on both sides – was an agreement that neither side would try and poach players from the other.
The clause stated that the PGA Tour and LIV Golf would not “solicit or recruit any players who are members of the other tours” as the two parties looked to work together.
Greg Norman’s LIV Golf made such a big splash in the golf world when investing Saudi’s sovereign wealth into paying huge sign-on fees to Phil Mickelson, Dustin Johnson, Brooks Koepka and other big names to take them away from the PGA Tour.
That led to a clause in the initial agreement between the PGA Tour and PIF that prohibited any more poaching of players by either side.
The New York Times reported that the Justice Department had already raised concerns about the language in the framework agreement, with antitrust experts also warning that it could break federal law on the integrity of labour markets.
Now, the ‘no poaching’ clause has been removed from the agreement, with the PGA Tour insisting the spirit of it will remain as both parties negotiate “in good faith” towards a final deal.
“The Framework Agreement sets the stage for an exciting future for professional golf that re-establishes competition at the highest levels of the sport and creates the biggest stage for everyone – players, sponsors, and fans,” the PGA Tour told Sky Sports.
“Based on discussions with staff at the Department of Justice, we chose to remove specific language from the Framework Agreement.
“While we believe the language is lawful, we also consider it unnecessary in the spirit of cooperation and because all parties are negotiating in good faith.”
PGA Tour chief Jay Monahan and PIF boss Yasir Al-Rumayyan
(Image credit: Getty Images)
PGA Tour commissioner Jay Monahan will return to work on Monday after illness with his main priority to work on the deal that will set-up a new for-profit company that will run the commercial and rights arms of the PGA Tour, DP World Tour and LIV Golf.
With just the bare bones of a deal though, it could still be on shaky ground as it is examined by both the US Justice Department and the US Senate – which released documents about suggested proposals for the future…
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