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    Pressured by U.S., PGA Tour and Saudi Fund Drop Key Part of Golf Deal

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    The two parties had promised not to poach each other’s players. Their decision to abandon that clause removes one of the few binding provisions of the agreement that has rocked golf.The PGA Tour and Saudi Arabia’s sovereign wealth fund, facing pressure from the Justice Department about their ambitions for a new company to shape global golf, have in recent days abandoned a crucial provision of their tentative deal: a promise not to recruit each other’s players.The decision — and the Justice Department’s choice to raise concerns so early in a review that could lead to a government attempt to block the transaction — reflected the fragility, uncertainty and turbulence surrounding the deal.The framework agreement between the tour and the wealth fund included few binding provisions. But one of them was a nonsolicitation clause, which said the tour and wealth fund-backed LIV Golf league would not “enter into any contract, agreement or understanding with” any “players who are members of the other’s tour or organization.”The agreement also said the tour and LIV would not “solicit” or “recruit” players away from each other.Before the deal, LIV used norm-shattering prize funds and guaranteed contracts — some deals promised golfers at least $100 million — to entice some of the world’s top players away from the PGA Tour, which had spent decades as the premier, and largely unchallenged, circuit in men’s professional golf.Dustin Johnson, Brooks Koepka, Phil Mickelson and Cameron Smith were among the players who ultimately joined LIV, depriving the PGA Tour of some of the star power on which it had relied to draw fans and sponsors.The nonsolicitation clause was a short-term way to stop the exodus while the tour and the wealth fund negotiated the final terms for their new company, which would bring the golf business ventures of the PGA Tour, the wealth fund and the DP World Tour, formerly the European Tour, into a single entity.“My fear is if we don’t get to an agreement, they were already putting billions of dollars into golf,” James J. Dunne, a PGA Tour board member, said of the Saudi sovereign wealth fund. Kenny Holston/The New York TimesAfter the text of the agreement emerged late last month, though, antitrust experts warned that the clause could run afoul of federal law because it threatened the integrity of the labor market and promised to stifle competition for players, who have long been independent contractors.In recent days, people familiar with the change said, the tour and the wealth fund decided to abandon the provision in hopes of staving off an extraordinary intervention by the Justice Department. Golf officials disagreed with the department’s misgivings but acquiesced nevertheless.The original language appeared “to be right in the field of vision that the Department of Justice has staked out for its no-poaching enforcement program,” said William E. Kovacic, a former Federal Trade Commission chairman.“They haven’t had a great deal of success in their criminal cases yet,” he said. “But they have said, as a matter of policy, we regard no-poaching agreements as being as being a serious offense worthy of criminal prosecution.”The Justice Department and the wealth fund declined to comment on Thursday. In a statement on Thursday afternoon, the tour said it “chose to remove specific language” from the initial pact after it engaged with the Justice Department.“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,” the tour said.The tour formally notified its board of the decision on Thursday, after The New York Times asked the tour to comment on its reporting. A person familiar with the tour’s internal deliberations said the circuit’s leaders had already planned to inform the board on Thursday.Turmoil has enveloped the deal, which has not closed, since it was announced on June 6. On Tuesday, a Senate subcommittee questioned a pair of PGA Tour leaders during a lengthy hearing, part of at least two unfolding congressional inquiries. Tour executives have depicted the framework deal, and the final accord they hope to strike eventually, as necessary.Without some kind of truce, they have said, the wealth fund would assuredly pour more resources into the fight, diminishing the tour one year after another.“My fear is if we don’t get to an agreement, they were already putting billions of dollars into golf,” James J. Dunne III, a tour board member, said of the wealth fund when he addressed lawmakers on Tuesday. “They have a management team wanting to destroy the tour. Even though you can say take five or six players a year, they have an unlimited horizon and an unlimited amount of money.”The reviews on Capitol Hill could lead to damaging public revelations. But Justice Department scrutiny is seen as the more likely path for the government to try to derail the deal, if it chooses to try.Regulators and antitrust scholars have been watching the tour’s public statements with interest, such as when Jay Monahan, the tour’s commissioner, said on June 6 that the deal would let the circuit “take the competitor off of the board.”“Those are sound bites that the Department of Justice would look at and say, ‘Is what occurred promoting competition, or is what occurred stifling competition insofar as an entity with a monopoly grip on the market has eliminated a competitor and solidified their grip on the market?’” said Gerald Maatman Jr., who chairs the workplace class-action group at the law firm Duane Morris.Not every binding provision of the framework agreement has caused such substantial alarm among antitrust regulators. The wealth fund and the tour, for instance, agreed to dismiss acrimonious litigation over their golf pursuits. And although Senator Richard Blumenthal, the Connecticut Democrat who is leading one of the Senate inquiries into the deal, expressed concern this week about a nondisparagement pledge included in the agreement, experts said that kind of restriction was unlikely to draw concern inside the Justice Department. More

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      PGA Tour Wanted Greg Norman Ousted as Part of Saudi Deal

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      The American circuit’s efforts were made public in documents that Congress released on Tuesday.The PGA Tour sought the ouster of Greg Norman, the two-time British Open champion who became the commissioner of the insurgent LIV Golf league, as a condition of its alliance with Saudi Arabia’s sovereign wealth fund, according to records that a Senate subcommittee released on Tuesday.The tour and the wealth fund did not ultimately agree to the proposal — crafted as a so-called side letter to a larger framework agreement — and, for now, Norman remains atop LIV. But the deliberations reflect an enmity forged over decades of hostilities between the tour and Norman, one of the most talented players in professional golf history who often chafed at the sport’s economic structure.And they underscore the tensions that could linger if the deal closes.The glimpse into the negotiations between the tour and the wealth fund came as the Senate’s Permanent Subcommittee on Investigations began its first hearing into the arrangement, which calls for the business ventures of the tour, the wealth fund and the DP World Tour to be brought into a new, for-profit company.The plan is facing significant scrutiny in Washington, where some lawmakers have castigated the tour, once willing to condemn Saudi Arabia’s record of human rights abuses, for abruptly growing cozy with an arm of a coercive government. Beyond any congressional misgivings about the wealth fund’s ties to the Saudi government, Justice Department officials are also interested in whether the deal violates federal antitrust laws and whether they should try to block it.Senator Richard Blumenthal, Democrat of Connecticut, said in his opening statement on Tuesday that his subcommittee’s hearing was about “much more than the game of golf.”“It is about how a brutal, repressive regime can buy influence — indeed even take over — a cherished American institution to cleanse its public image,” Blumenthal, the subcommittee’s chairman, added, citing the kingdom’s record of killing journalists, abusing dissidents and having “supported other terrorist activities, including the 9/11 attack on our nation.”“It is also about hypocrisy, how vast sums of money can induce individuals and institutions to betray their own values and supporters, or perhaps reveal a lack of values from the beginning,” he continued. “It’s about other sports and institutions that could fall prey, if their leaders let it be all about the money.”The proceeding, held in a crowded Capitol Hill room that previously hosted Supreme Court confirmation hearings and meetings of the 9/11 Commission, included two senior PGA Tour leaders: the chief operating officer, Ron Price, and a board member who was intimately involved in the negotiations that led to the tentative deal that was announced on June 6.In an opening statement, Price argued that the tour, faced with the threat of competing with one of the world’s mightiest sovereign wealth funds, had little choice but to seek some measure of coexistence after months of acrimony in court and in jockeying for the allegiances of the world’s best players.“It was very clear to us — and to all who love the PGA Tour and the game of golf as a whole — that the dispute was undermining growth of our sport and was threatening the very survival of the PGA Tour, and it was unsustainable,” Price said. “While we had significant wins in litigation, our players, our fans, our partners, our employees and the charities we support would lose.”Tour leaders have acknowledged that with negotiations for a final agreement still unfolding, board approval is no certainty. Over the weekend, one member of the board, the former AT&T chief executive Randall Stephenson, resigned. In a letter about his exit, Stephenson said “the construct currently being negotiated by management is not one that I can objectively evaluate or in good conscience support.”Tour executives have been eager to show how the agreement leaves them positioned to run professional golf’s day-to-day operations. The tour’s commissioner, Jay Monahan, has been tabbed as the chief executive of the new company, expected to be called PGA Tour Enterprises, and the tour is expected to fill a majority of the company’s board seats.They have been far less keen to discuss how Yasir al-Rumayyan, the wealth fund’s governor, will serve as the chairman of PGA Tour Enterprises and how the framework agreement envisions sweeping investment rights for a Riyadh-based fund whose power and value have swelled in recent years.Neither al-Rumayyan nor Norman agreed to testify at Tuesday’s hearing, citing scheduling conflicts. But documents released by the subcommittee suggest that both will be factors in an inquiry that could last months.The effort to remove Norman was underway by May 24, when the PGA Tour board’s chairman, Edward D. Herlihy, sent a proposed side letter to Michael Klein, a banker working with the wealth fund. The proposal called for Norman, as well as a British outfit central to developing LIV, to “cease” working on LIV within a month of “the management transition to the PGA Tour.”Although Norman’s long-term fate has been uncertain — he was not a part of the negotiations that led to the preliminary deal, stoking questions about his relevance — it was not until Tuesday that it became clear that his future had been a subject of the talks.LIV did not comment on Tuesday, but three people with knowledge of the negotiations, who requested anonymity to discuss private talks, said the wealth fund had rejected the tour’s proposal.The documents that the Senate released also detail the deliberations over when and how to announce the deal; Klein was among the figures who said the tour and the wealth fund should not wait for a final agreement to disclose their newfound peace.And the records show how a British businessman with ties to the wealth fund and its advisers reached out to James J. Dunne III, now a tour board member and one of Tuesday’s witnesses, in December. In an email, the businessman, Roger Devlin, suggested that there could be a pathway to an armistice between the tour and the wealth fund.Dunne, at least at first, declined to engage in a substantive way.Devlin re-emerged in April, warning Dunne that there was “a window of opportunity to unify the game over the next couple of months” before, he thought, “the Saudis will doubledown on their investment and golf will be split asunder in perpetuity.”Although committee investigators told senators in a briefing memorandum that they did not know for certain how Devlin’s April message influenced Dunne, the tour board member contacted al-Rumayyan within days.Dunne, al-Rumayyan and a handful of others met in Britain soon after, starting negotiations that included a number of ideas that did not make it into the five-page text of the framework agreement. Those concepts, outlined in a presentation titled “The Best of Both Worlds,” included Tiger Woods and Rory McIlroy, who had pledged fealty to the tour, owning LIV teams and a “large-scale superstar” team golf event that would feature the world’s top men’s and women’s players.Although the initial deal between the tour and the wealth fund did not include some of those proposals, the final agreement is still being hammered out, a process that could take months.At least as of April, according to documents the Senate released, there was even talk of a deal including memberships for al-Rumayyan at Augusta National Golf Club and the Royal and Ancient Golf Club of St. Andrews — two of the most prestigious golf clubs in the world, but ones that are not controlled by the PGA Tour. More

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      Other Sports Faced Congress’s Glare. Now Golf Will Get Its Turn.

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      A Senate hearing on Tuesday is just one part of Washington’s scrutiny of the PGA Tour’s deal with Saudi Arabia’s sovereign wealth fund.Sports executives and players have sometimes defended themselves or patiently absorbed hours of fury. They have occasionally apologized or pleaded for help. They have shifted blame or used celebrity and childhood memory as a charm offensive. In other instances, they have lied or obfuscated or simply said little at all.PGA Tour leaders, who are expected to appear before a Senate subcommittee on Tuesday to discuss their circuit’s surprise alliance with Saudi Arabia’s sovereign wealth fund, have a menu of time- and pressure-tested options for facing a sports-curious Congress. The tactics they turn to will likely do much to influence whether Tuesday’s proceeding is a blip that leads to a day’s worth of headlines or a debacle that triggers far greater scrutiny.“The PGA would be smart to understand that they’re not calling them in to play patty-cake,” said J.C. Watts, who played quarterback at Oklahoma before representing a district in the state in Congress and, from 1999 to 2003, serving as a member of the Republican leadership in the House.“The constituents back home, they understand sports and they understand 9/11,” Watts added, referring to longstanding accusations that Saudi government operatives played a role in the 2001 attacks. “This is sports with a much deeper twist than your typical hearing.”That Congress, which has a long history of quizzing, hectoring and looming when it comes to sports, would step into golf’s fray felt like a certainty after the tour and the Saudi wealth fund announced a framework agreement on June 6. So far, that activity has taken the form of two Senate inquiries, a House bill to revoke the tour’s tax-exempt status, demands for the Justice Department and the Treasury Department to consider intervening and Tuesday’s hearing at the Senate’s Permanent Subcommittee on Investigations.The proceeding is the latest example of a congressional interest in sports that has led to a mixed record. Lawmakers and their investigators have unearthed information and sometimes provoked changes to the sports landscape, either through legislation or the grinding power of the congressional bully pulpit.“I think you’ve got to articulate your public policy purpose,” said Tom Davis, a former Republican congressman from Virginia who was instrumental in hearings nearly two decades ago about steroid use in baseball, which lawmakers depicted as a part of a national scourge. “That’s really what you’ve got to do. It can be a health thing, a tax equity thing, but you’ve got to articulate why Congress is involved, and it’s a high threshold.”Senator Richard Blumenthal of Connecticut said the “central” role that sports play in American society makes them especially important for Congress to scrutinize.Pete Marovich for The New York TimesA sports hearing, Davis warned, was “high-risk, high-reward, particularly at a time when Congress is not seen as productive.”Senator Richard Blumenthal, the Connecticut Democrat who is the subcommittee’s chairman, said sports’ “central” role in American society makes them especially important for Congress to scrutinize. The proposed Saudi role in golf, he signaled, was too much for Congress to ignore.“There really is a national interest in this cherished, iconic American institution, which is about to be taken over by one of the world’s most repressive governments,” he said in an interview.On Tuesday, the subcommittee will not hear from any of the three witnesses it originally sought. Jay Monahan, the PGA Tour commissioner, has been on medical leave for almost a month, though the tour said Friday that he would return next week. Yasir al-Rumayyan, the wealth fund’s governor, and Greg Norman, the commissioner of the Saudi-backed LIV Golf league, cited scheduling conflicts and declined to appear.“Suffice it to say, this hearing will certainly not be the last,” Blumenthal said. “We will have hearings after there is a final agreement, if appropriate, and there is a national interest in doing it.”After the tour announced Monahan’s planned return, a spokeswoman for Blumenthal, Maria McElwain, said that the subcommittee would be “following up with him regarding any remaining questions after Tuesday’s hearing.”Jay Monahan, the PGA Tour commissioner, will not appear before the Senate Committee to testify.Rob Carr/Getty ImagesBut the PGA Tour is hoping to avoid testifying after Tuesday, when Ron Price, its chief operating officer, will appear. Although Price did not negotiate the agreement announced last month, the tour board member who initiated the talks, James J. Dunne III, is also expected to testify.Price and Dunne may also be asked about the weekend resignation of Randall Stephenson from the tour’s board after more than a decade. In his resignation letter, Stephenson, the former chief executive of AT&T, cited “serious concerns with how this framework agreement came to fruition without board oversight.” He added that the deal was not one that he could “in good conscience support,” especially because American intelligence officials concluded that Saudi Arabia’s de facto ruler authorized the 2018 murder of the Washington Post columnist Jamal Khashoggi.“If you are not really nervous and anxious to make sure you are prepared, then you are probably not prepared,” said Travis Tygart, the chief executive of the U.S. Anti-Doping Agency, who has repeatedly testified before Congress. “It will, for sure, be the worst night of sleep that any witness is going to have.”Golf has scarcely been a topic of inquiry in congressional hearing rooms. The sport’s leaders have often handled their business in Washington behind closed doors, relying on a fount of good will and gentility. The tour faced a significant threat in the 1990s, when the Federal Trade Commission examined antitrust issues in golf before its inquiry fizzled amid a pressure campaign from Capitol Hill.Public appearances on the Hill have been more cheery. Arnold Palmer, for instance, addressed a joint meeting of Congress to pay tribute to Dwight D. Eisenhower, and Jack Nicklaus spoke to a House committee about character education.Other titans of professional sports have had less pleasant interactions in Washington. Lawmakers have examined everything from college football’s Bowl Championship Series (“It looks like a rigged deal,” President Biden, who was then a senator, said.) to sexual abuse, domestic violence and the N.F.L.’s investigation into the Washington Commanders.But baseball has drawn much of the attention from Congress, like when senators called a 1958 hearing on antitrust exemptions. (“Stengelese Is Baffling to Senators,” read a subsequent headline in The New York Times, which reported that Yankees Manager Casey Stengel had lawmakers “confused but laughing.”)Neither Greg Norman, left, the commissioner of the Saudi-backed LIV Golf league, nor Yasir al-Rumayyan, the wealth fund’s governor, will appear at the hearing Tuesday.Charles Rex Arbogast/Associated PressThe more recent proceedings about steroids in baseball featured a series of electrifying hearings, including one in 2005 when sluggers employed all manner of strategies during hostile questioning, and a 2008 spectacle that factored into the indictment of the celebrated pitcher Roger Clemens on charges of perjury, making false statements and obstruction of Congress. He was ultimately acquitted.For all of the commotion and skepticism, though, the cumulative pressure from Congress helped prod baseball into sweeping changes.The Senate subcommittee’s goals for golf are, for now, unclear.“What’s a win on this, outside of getting your mug on the news?” asked Davis, who, after leaving Congress, represented the former Commanders owner Daniel Snyder during a House inquiry. “Is it undoing this deal? Is it exposing some Saudi plot to come in and take over American golf?”The wealth fund has denied that it is using sports to try to repair the kingdom’s reputation as a human rights abuser and has instead asserted that it wants to diversify the Saudi economy and empower the country to play a greater global role. But the Saudi element could still help the Senate inquiry to develop staying power because it gives Congress something to explore beyond a seemingly mundane sports issue.“Usually when you’re taking about sports, you don’t have to talk about 9/11 families, you don’t have to talk about the Pentagon, you don’t have to talk about Flight 93,” Watts said. “In this case, the one opposition that rallies everybody is the Saudi money.”Blumenthal suggested in the interview that he expects Saudi Arabia’s history — in the interview, he accused the kingdom of being “actively complicit in terrorist activities, including 9/11” — to be a central theme of Tuesday’s proceeding and the unfolding inquiry.The panel cannot unilaterally block the deal from advancing, but members are well aware that a crush of revelations or damaging testimony could stir outrage and, perhaps more consequentially, nudge other parts of the federal government that could do more to stop the alliance.Tygart, the antidoping chief, recalled a meeting with a senator before a 2017 hearing, with the lawmaker making plain that he understood exactly how the event could shape public debate, even if it did not yield legislation.“I know,” Tygart remembered the senator telling him, “how much good can come out of witnesses sitting under the bright lights and squirming in their seats.” More

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      The Titanic PGA and LIV Golf Deal Stokes Anger on Capitol Hill

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      American lawmakers and officials are studying the pact between the PGA Tour and Saudi Arabia’s sovereign wealth fund.One of golf’s greatest tests will unfold starting on Thursday, when the U.S. Open begins at the Los Angeles Country Club. It might be an easier lift — it will assuredly be a shorter one — than the test that is emerging in Washington.The abrupt announcement last week that the PGA Tour will tie itself to Saudi Arabia’s sovereign wealth fund and its LIV Golf league is provoking American officials in ways as predictable as they might be persistent in the months ahead.Antitrust experts are insisting that the Justice Department should consider suing to stop the agreement, which calls for the business operations of LIV and the PGA Tour to be brought into one new company, if the deal closes in the coming months. Lawmakers are complaining that the Florida-based PGA Tour is lurching into business with an arm of the Saudi state that it roundly condemned until last week. Political strategists are scrambling to shape perceptions of an agreement that was forged in secret and, upon its release, promptly criticized as a well-heeled exercise in hypocrisy and whitewashing.Whether the commotion will amount to anything beyond a few news cycles of fussing — a successful assault on the PGA Tour’s tax-exempt status comes to mind — may not be clear for months. But a week into golf’s latest maelstrom, a deal that could eventually prove lucrative for players and executives is already promising a booming era for lawyers, lobbyists and political sound bites, too.Although golf had been under pressure inside the Justice Department, where antitrust regulators were looking at the PGA Tour, the announcement last week brought the tumult to Capitol Hill.In the House, Representative John Garamendi, Democrat of California, swiftly introduced a bill to revoke the PGA Tour’s tax-exempt status. And in the Senate, Senator Richard Blumenthal, Democrat of Connecticut, announced on Monday that a subcommittee he chairs would conduct an inquiry into a deal that he said “raises concerns about the Saudi government’s role in influencing this effort and the risks posed by a foreign government entity assuming control over a cherished American institution.”At the U.S. Open in Los Angeles this week, PGA Tour golfers like Jon Rahm will be playing with men like Sergio Garcia, who defected to LIV last year.Richard Heathcote/Getty ImagesThat there would be a battle was never much in question. The principal short-term matter to resolve was who, exactly, would be picking which fights.The golf side of the battle features two forces with formidable records across decades in Washington. Even though Saudi Arabia has had plenty of bipartisan tangles, the kingdom’s officials and allies have often enjoyed an uncommon rapport with their American counterparts, as was on display during a visit from Secretary of State Antony J. Blinken last week. And the PGA Tour has usually found the capital to be a wellspring of courtesy, especially when its supporters helped short-circuit a Federal Trade Commission inquiry in the 1990s.The trouble for the wealth fund and the tour is that Washington also has a bipartisan affection for lawmakers imitating sports executives, and browbeating actual ones, in public and in private. It can be good politics to glower at the commissioners who draw more jeers than many elected officials, and headline-making hostility from Congress could complicate the golf industry’s quest to sell the deal to the public — and then move past it.The tour and the wealth fund can take some comfort in history, which suggests a successful congressional effort to thwart the deal directly is unlikely. The Hill, though, could still seek to make the transaction painful beyond a feisty public hearing or two. A change to the tour’s tax status, like the one envisioned in the bill introduced in the House, could cost it millions of dollars a year because it has been structured as a “business league” that is exempt from taxes under section 501(c)(6) of the Internal Revenue Code.Groups like the PGA Tour have combated legislative headaches surrounding their tax-exempt status in the past, with one effort to end the practice for sports leagues vanishing from a 2017 tax bill at the last moment. In the past 18 months, years after the N.F.L. and Major League Baseball surrendered their exempt statuses, public records show that the tour has spent at least $640,000 on lobbying, with much of that work tied to “tax legislation affecting exempt organizations.”As a part of his inquiry, Blumenthal on Monday demanded documents related to the tour’s tax-exempt status and, in his letter to the tour, wondered whether the deal would allow a foreign government to “indirectly benefit from provisions in U.S. tax laws meant to promote not-for-profit business associations.”Senator Ron Wyden, Democrat of Oregon, who is chairman of the Senate Finance Committee, similarly seethed that the tour had “moved itself right to the top of the leaderboard in terms of most questionable tax exemptions in professional sports.”But Wyden has also suggested that the deal should run into resistance before the Committee on Foreign Investment in the United States, a Treasury Department-led committee that examines national security implications of foreign investments in real estate and American companies.Whether there are serious national security concerns about a deal involving golf tours, or whether the committee will even review the agreement at all, is unclear. Janet Yellen, the secretary of the Treasury, said last week that it was “not immediately obvious” to her that the agreement related to national security. But Wyden, who is planning a congressional investigation of his own, has signaled his interest in the department’s exploring whether the deal could give “the Saudi regime inappropriate control or access to U.S. real estate,” most likely through the tour’s Tournament Players Club collection of golf courses.And those are just the spats that have erupted since last Tuesday.The PGA Tour commissioner, Jay Monahan, left, and Jimmy Dunne, a board member, were closely involved in the merger negotiations.Getty ImagesUrged on by LIV’s lawyers, Justice Department regulators have spent months examining whether the PGA Tour’s tactics to discourage players from defecting to the Saudi-backed league were illegal, and whether the tour’s coziness with other leading golf organizations — like Augusta National Golf Club, the organizer of the Masters Tournament — violated federal law. Instead of quieting misgivings about golf, the deal has only intensified them and might have even armed the department with a new lever: suing to stop the pact, which the tour and wealth fund deny amounts to a merger.“Generally, we want to encourage parties to settle their disputes outside of the judicial process, but it doesn’t mean that settlements are immune from antitrust,” said Henry J. Hauser, a former antitrust lawyer at the Justice Department who now practices at Perkins Coie, one of the capital’s best-connected firms. “If companies try to resolve a legitimate dispute by agreeing to common conditions that stifle competition, that could be a problem.”The Justice Department has declined to comment.The tour is moving aggressively to curb Washington’s irritation, going as far to suggest that Congress and other parts of the federal government could have done more to help it rebuff a Saudi challenge.“While we are grateful for the written declarations of support we received from certain members, we were largely left on our own to fend off the attacks, ostensibly due to the United States’ complex geopolitical alliance with the Kingdom of Saudi Arabia,” the PGA Tour commissioner, Jay Monahan, wrote in a letter to lawmakers last week. “This left the very real prospect of another decade of expensive and distracting litigation and the PGA Tour’s long-term existence under threat.”In the penultimate sentence of his letter, Monahan described the tour as “an American institution,” just as Blumenthal would on Monday. But like many executives before him, Monahan is finding that Washington is forever eager to scrutinize American institutions, especially when sports are involved.He may ultimately find that the shouting has only just begun.Lauren Hirsch More

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      Senate Opens Inquiry Into PGA Tour Deal with Saudi-Funded LIV Golf

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      The PGA Tour and LIV have been asked to provide documents and communications tied to the agreement announced last week.The PGA Tour and LIV Golf have not yet closed a stunning partnership agreement announced only last week, but vows from Washington to slow or stop the deal — or at least make it uncomfortable for golf executives — crystallized on Monday, when the Senate opened an inquiry into the arrangement.Senator Richard Blumenthal, Democrat of Connecticut and the chairman of the chamber’s Permanent Subcommittee on Investigations, said Monday that he had demanded that both the PGA Tour and the Saudi Arabian-funded LIV give up a wide array of documents and communications tied to the agreement. Blumenthal also asked for records related to the PGA Tour’s nonprofit status, suggesting an appetite to challenge the tour’s tax-exempt standing.In a statement issued three days before the start of the U.S. Open in Los Angeles, Blumenthal decried Saudi Arabia’s “deeply disturbing human rights record at home and abroad” and said the agreement raised concerns “about the Saudi government’s role in influencing this effort and the risks posed by a foreign government entity assuming control over a cherished American institution.”LIV declined to comment on Monday. In a statement on Monday afternoon, the PGA Tour said it was “confident that once Congress learns more about how the PGA Tour will control this new venture, they will understand the opportunities this will create for our players, our communities and our sport, all while protecting an American golf institution.”Congress cannot block the agreement simply by opening an investigation, and any legislation to derail the deal would almost certainly provoke a court challenge. But congressional scrutiny and, perhaps, public hearings could tarnish the deal and make the months ahead even more unpleasant for the leaders of professional golf.Blumenthal has shown a willingness to spar with sports executives. Lately, he has pressed American universities for information about their sports betting partnerships, and he has lashed the N.C.A.A. leadership for years over conditions for college athletes.Although the planned deal has caused some heartburn and saber-rattling on Capitol Hill, Congress has not shown unanimous interest in haranguing golf leaders over it. Senator Ron Johnson, the Wisconsin Republican who is the ranking minority member on the panel that Blumenthal chairs, said last week that Congress should stay out of sports.The PGA Tour’s agreement with the Saudi Public Investment Fund, whose LIV circuit made its debut last year, would bring the business dealings of the rival tours into a new company. The PGA Tour commissioner, Jay Monahan, is in line to serve as its chief executive, and Yasir al-Rumayyan, the wealth fund’s governor, will be its chairman.Under the terms of the agreement, the Saudi wealth fund will have exclusive rights to invest in the new company, positioning it for significant influence over golf’s financial future. PGA Tour officials have insisted, to widespread doubts, that they will be the ultimate decision makers because their allies will hold a majority of the new company’s board seats.Professional golf attracted the gaze of Washington regulators before last week’s announcement. Antitrust investigators from the Justice Department have spent months asking questions about the tour’s efforts to deter player defections to LIV and examining whether the tour’s top leaders were too close to other prominent golf organizations, like Augusta National Golf Club, the organizer of the Masters Tournament.The department has brought no public allegations of wrongdoing and has not commented on last week’s announcement of a deal. But antitrust experts have warned that the department is virtually certain to study it closely and may even step in to try to block it.Tour executives have expressed confidence that the agreement will withstand any legal challenges. More