A war over the status of professional golf, specifically an alleged “monopoly” by the PGA in light of the appearance of industry newcomer LIV Golf, isn’t over just yet, as a new case has been filed alleging fraud in the dismissal of the original antitrust action.
A circuit court in Miami-Dade County in Florida now has been asked to set aside the “fraud” that led to the “unlawful dismissals.”
The new step has been taken by Larry Klayman, who has founded, in his career, both Judicial Watch and Freedom Watch, and is a former federal prosecutor and a former Republican candidate for Senate in Florida.
He also was turned into an icon after inspiring a character on the television series “The West Wing.”
He has announced a new lawsuit to set aside “fraudulently induced dismissals and the thwarting of discovery into and public disclosure of alleged anticompetitive acts by Tiger Woods, Rory McIllroy, the PGA Tour, the DP World Tour, Official Golf World Ranking (‘OWGR’) and NBC’s Golf Channel by these defendants and their legal counsel in a consumer antitrust and unfair trade practice case.”
That original case, Klayman et. al v. PGA Tour et al, had been launched more than two years ago.
The new allegations have been posted online.
The original dispute challenged the “monopolization” of professional golf by its corporations, the PGA Tour and its partner DP World Tour.
Kl;ayman, who also was on the Department of Justice team that broke up the AT&T monopoly during the Reagan administration, alleged in the case that due to the defendants’ anticompetitive conduct, he and other golf fans have been harmed due to the reduced competition, causing the price of admission tickets and concessions for and at PGA tournaments to increase greatly.
WND previously had reported Klayman charged, “Using the phony pretext of Saudi financing of the LIV Golf Tour (as the PGA Tour and DP World Tour also significantly benefit from a huge amount of Saudi and Arab/Muslim money) these defendants have flagrantly sought, through their anti-competitive actions, to harm Florida consumers who would attend PGA Tour and its admitted partner DP World Tour golfing tournaments and events, by suspending and fining professional golfers who were formerly on these golf tours, simply because they signed up to play in LIV Golf Tour tournaments and events.”
In fact, at one point the PGA has confirmed plans to eject its members who may participate in the opposing tour.
Klayman continued, “The LIV Golf Tour, which was organized and is led by champion golf legend Greg Norman, is paying large competitive contract fees to big name professional golfers such Phil Mickelson, Brooks Koepka, Dustin Johnson, Bryson DeChambeau, Patrick Reed, Lee Westwood, Louis Oosthuizen, Kevin Na, and Talor Gooch, and a host of other prominent players. It is seeking to establish itself as a potentially significant competitor to the PGA Tour and DP World Tour, which these entities apparently will not tolerate.”
He charged the PGA was trying to eliminate “a competitor.”
Klayman explained that original case was “wrongfully dismissed by the Honorable Louis Delgado, after years of obstruction and delay caused by the defendants, and in particular legal counsel for not just the PGA Tour and its Commissioner Jay Monahan, but also counsel for PGA players and officials Tiger Woods, Rory McIllroy and Davis Love III, as well as furthered by Judge Delgado.”
Among the accusations is that Delgado delayed the case, then dismissed it, “to avoid exposing Woods’ illegal conduct to the public.”
That apparently would be the PGA’s pursuit of a monopoly.
Klayman explained, “In our country no one is above the law, even a golfing icon who admirably broke the racial barriers in the golfing world, Tiger Woods, who not coincidentally is a Florida citizen. This new case is regrettably a testament to the compromised state of our legal system, where fraudulent representations by defendants and their lawyers who are powerful in size, financially and have political and other connections, can influence if not coerce a judge to accept their false statements to avoid a detrimental backlash which could affect his standing and judicial career.
“I had to think hard before filing on principle this very strong case, at the expense of offending the otherwise likeable Judge Delgado, who sadly acquiesced to the alleged fraud on his court thereby shirking his ethical and legal responsibilities. Rather I intend to put paramount adherence to the rule law, as I want to ‘Make Professional Golf Great Again,’ for golf fans and consumers such as me, who, like our 45th and now 47th president, love the game and want to see real competition flourish for the benefit of all.”
The case charges that the defendants simply manufactured statements that were not true in pursuit of a dismissal, and the judge “failed to do a due diligence or acted negligently,” and when shown evidence of the fraud, refused to “take remedial action.”
He noted the original case now is before the U.S. 4th Circuit Court of Appeals.