Monahan, Jay W (1970- )

Subterms

    More stories

    • 125 Shares149 Views

      in Golf

      How the PGA Tour and Liv Golf Merger Could Collapse

      by

      The tentative agreement has been the talk of golf, but there is no guarantee the pact that aims to bring the tour and LIV Golf under one umbrella will overcome every threat.Golf’s big deal — a planned partnership between the PGA Tour and Saudi Arabia’s sovereign wealth fund — is not how big deals are ordinarily done.There were almost no outside bankers or lawyers involved in negotiations that led to a five-page framework agreement, and only so much input from the PGA Tour board. The initial pact had few binding clauses and did not assign values to assets. The plan that would, as the PGA Tour commissioner, Jay Monahan, put it, “take the competitor off of the board” came as the tour faced a Justice Department investigation over antitrust matters.“In some ways, this looks a little more like a settlement to me than an actual M&A deal,” said Suni Sreepada, a partner in the mergers & acquisitions group at Ropes & Gray who said the lack of definitive arrangements complicated the path to closing.“The fact that they were willing to publicly announce it does mean that the parties are pretty committed to doing something,” Sreepada said. “But I guess that leaves us with a question of who holds the leverage at this point? And how does this end up getting fleshed out?”If the agreement closes, it stands to reshape golf’s economic structure profoundly, bringing the business ventures of the PGA Tour, LIV Golf and the DP World Tour, formerly the European Tour, into a new company. The wealth fund is in line to have significant influence over investments in the company, which Monahan is poised to lead as chief executive.Despite the Saudi sway over the new company’s coffers, as well as the plan for the wealth fund’s governor, Yasir al-Rumayyan, to serve as the entity’s chairman, PGA Tour officials have insisted that the tour retains control over the competitions themselves. They also note that the tour, which had previously condemned wealth fund money as tainted and immoral, will control a majority of board seats.“We are confident that once all stakeholders learn more about how the PGA Tour will lead this new venture, they will understand how it benefits our players, fans and sport while protecting the American institution of golf,” the tour said this month.Those assurances have done little to curb outrage over the pact, which could still fall apart.Here are some of the obstacles the tour, whose board is meeting near Detroit on Tuesday, and the wealth fund will have to overcome during a process that could take months. If the deal is not done by Dec. 31, it could potentially collapse, allowing both sides to decide whether they want to “revert to operating their respective businesses.”The PGA Tour’s board could balk.The tour has an 11-member board that includes five players. The board’s chairman, Edward D. Herlihy, and a member, James J. Dunne III, were involved in the talks with the wealth fund, but others had little knowledge of the deal until the day it became public.The board must sign off on the agreement once the outstanding details are negotiated. Although Herlihy and Dunne are expected to vote for the pact they helped create, most other board members have been publicly silent or noncommittal.“I told myself I’m not going to be for it or against it until I know everything, and I still don’t know everything,” Webb Simpson, a board member who won the 2012 U.S. Open, said in a recent interview. And at a news conference on June 13, Patrick Cantlay, another player with a board seat, said “it seems like it’s still too early to have enough information to have a good handle on the situation.”Beyond the anticipated backing from Herlihy and Dunne, Rory McIlroy, who sits on the board, has indicated reluctant support for the deal, saying: “If you’re thinking about one of the biggest sovereign wealth funds in the world, would you rather have them as a partner or an enemy?”Other directors have not responded to messages or could not be reached for comment.With many of the agreement’s details still being negotiated, the board did not vote on the deal on Tuesday.The Justice Department could try to block the deal.The Justice Department was looking at professional golf before the deal was announced, with antitrust investigators examining the tour’s closeness with other leading golf organizations and its efforts to deter players from joining LIV.The proposed partnership did not extinguish the department’s interest. In fact, it appears to have strengthened it.Although the tour and the wealth fund have refused to characterize the transaction as a merger, antitrust experts say semantics may not matter. Even if the deal is structured as more of a partnership than an acquisition, the Justice Department could seek to block it, as it successfully did with JetBlue’s alliance with American Airlines.Monahan stirred more doubts in Washington with his public observation that a leading rival would no longer be a threat. Antitrust lawyers said the department could interpret his remark as evidence that the elimination of competition is the aim of the deal, not, say, improving the sport.But Monahan also said the agreement would help create “a productive position for the game at large.” The tour is expected to focus on this in the coming months, arguing that by combining resources and repairing the rift in professional golf, the proposed venture would offer fans the best of all worlds, including more competitions between the finest players on the planet.A LIV Golf event at the Trump National Golf Club in Washington, D.C., this year.Chris Trotman/LIV Golf, via Associated PressThe end of the tension could help persuade regulators to approve the deal, reasoning that it is good for consumers.“If I were the lifetime czar of antitrust in the United States, I would ban the deal and tell them go back and compete,” said Stephen F. Ross, who teaches sports law at Penn State and worked for the Justice Department and the Federal Trade Commission.But, he said, “the real world is that neither private litigation nor antitrust enforcers have ever been particularly good at policing competition between sporting entities to make sure that consumers’ preferences are respected.”The department could also scrutinize how the arrangement will affect professional golfers, given the Biden administration’s focus on workers. In its successful effort to block Penguin Random House’s takeover bid for Simon & Schuster, the department’s antitrust regulators cited the potential effects on author compensation.Even though professional golfers, who often earn millions of dollars in prize and sponsorship money, may appear to be a less sympathetic group of workers than others affected by corporate transactions, the department could be eager to build case law related to the labor consequences of deals.Congress wants the Committee on Foreign Investment in the United States to study the pact.The deal has been loudly criticized on Capitol Hill, and a Senate subcommittee has scheduled a July hearing. But a Senate hearing cannot stop the deal, and so some lawmakers have asked a Treasury Department-led panel to intervene.The Committee on Foreign Investment in the United States, or CFIUS, is an interagency panel that has broad latitude to scrutinize any transaction that could result in a foreign entity controlling an American business and threatening national interests. Control is interpreted broadly, and can exist even in an investment for a minority stake.A transaction involving golf tours would not immediately seem to trigger a CFIUS review; it does not involve critical technologies and most likely does not involve much sensitive personal data about U.S. citizens. Janet Yellen, the Treasury secretary, said earlier this month that it was “not immediately obvious” the deal involved national security concerns.The demands for a review have not detailed specific concerns besides a generalized distaste for a partnership between an American sports titan and an arm of a government “known for chilling dissent, jailing dissidents and enacting draconian punishments,” as Senator Sherrod Brown, Democrat of Ohio, and Representative Maxine Waters, Democrat of California, put it.But one possible reason to scrutinize the deal involves real estate since CFIUS can review agreements involving property close to sensitive military sites. One of the PGA Tour’s biggest assets that could be controlled by the new for-profit entity is the Tournament Players Club collection of more than 30 golf courses across the United States that are owned, licensed or operated by the PGA Tour. More

    • 163 Shares99 Views

      in Golf

      Details of PGA Tour and Liv Golf Merger Reveal What’s Left to Settle

      by

      The five-page agreement provoked a furor but included only a handful of binding provisions.The PGA Tour’s tentative deal with Saudi Arabia’s sovereign wealth fund included only a handful of binding commitments — such as a nondisparagement agreement and a pledge to dismiss acrimonious litigation — leaving many of the most consequential details about the future of men’s professional golf to be negotiated by the end of the year.The five-page framework agreement was obtained Monday by The New York Times. The proposed deal, announced on June 6 by the tour and the wealth fund, the financial force behind the renegade LIV Golf circuit, has caused an uproar throughout the golf industry. But a review of the agreement points to the rushed nature of the secret, seven-week talks that led to the deal and the complex path that remains ahead for the new venture, a potential triumph for Saudi Arabia’s quest to gain power and influence in sports and, its critics say, to distract from its reputation as a human rights abuser.Most crucially, the tour and the wealth fund must still come to terms on the values of the assets that each will contribute to their planned partnership. Bankers and lawyers have spent recent weeks beginning the valuation process, but the framework agreement includes no substantive details of projected figures or even the size of an anticipated cash investment from the wealth fund.Instead, much of the agreement focuses on the basic structure of the new company that is to house what the accord describes as all of the “commercial businesses/rights” of the PGA Tour and the European Tour, now known as the DP World Tour.The wealth fund is expected to contribute its “golf-related investments and assets,” including the LIV circuit that split the sport, and will have the first opportunity to invest in the new company. The tentative agreement says that the PGA Tour is to maintain “at all times a controlling voting interest” in the new company, but that Yasir al-Rumayyan, the wealth fund’s governor, will serve as the chairman of the new joint entity. Jay Monahan, the PGA Tour commissioner who recently went on leave because of an unspecified “medical situation,” is in line to become its chief executive.The new company, according to the agreement, could pursue “targeted mergers and acquisitions to globalize the sport” and may look to incorporate “innovations from LIV,” such as the team golf concept that the league has championed since it debuted last year.Those provisions, though, are not binding until the tour and the wealth fund strike a final agreement. Instead, the only ironclad caveats of the agreement involve seeking the dismissal of litigation, a mandate fulfilled on June 16; a ban on recruiting players to rival circuits; a deadline of Dec. 31 to sign final accords, absent a mutual extension; and confidentiality and nondisparagement clauses.The effective gag agreement appears far-reaching and prohibits the tour and the wealth fund from “any defamatory or disparaging remarks, comments or statements” about the other side and any “ultimate beneficial owners” — a phrase that could be interpreted to include the Saudi government, which the tour had previously condemned for its human rights record.“I recognize everything that I’ve said in the past and in my prior positions,” Monahan, a leading architect of the deal, said this month. “I recognize that people are going to call me a hypocrite. Anytime I said anything, I said it with the information that I had at that moment, and I said it based on someone that’s trying to compete for the PGA Tour and our players. I accept those criticisms, but circumstances do change.”Saudi officials have denied that their investments in sports, which include efforts in soccer, Formula 1 racing and boxing, are intended to sanitize the kingdom’s reputation. Instead, they have depicted those investments as a glossy component of a sweeping effort to diversify the country’s economy under Crown Prince Mohammed bin Salman, the kingdom’s de facto leader who is also the wealth fund’s chairman.Al-Rumayyan, the wealth fund’s governor, signed the agreement on behalf of the Saudis, with no evidence of direct involvement by Greg Norman, LIV’s commissioner.Monahan and Keith Pelley, the DP World Tour’s chief executive, effectively represented the golf establishment when they signed the deal behind closed doors in San Francisco on May 30. It was sprung upon almost the entire golf industry, including most of the PGA Tour’s board, a week later.The board, which has been considering the deal that it was largely shut out of negotiating, is expected to discuss the pact’s initial terms during a meeting in Detroit on Tuesday. The 11-member board is not believed to be planning a vote yet because the final nuances of the accord may not be hammered out for months.The deal faces scrutiny well beyond the tour’s board. In Washington, Justice Department officials and congressional investigators are preparing to pore over the details of the accord, which antitrust regulators could ultimately try to block. The tour shared a copy of the agreement with a Senate subcommittee on Monday evening, just more than two weeks before a hearing on Capitol Hill that many expect to become contentious.But tour executives concluded in recent months that the new economic order that LIV’s swift rise provoked — swelling legal bills, larger prize purses, a diluted product with the world’s most marketable players competing against one another only four times a year at golf’s major tournaments — was unsustainable. They sought a détente with the Saudis and found a receptive audience in and around the wealth fund, where some officials were frustrated by a series of legal setbacks connected to LIV and uneven success in gaining traction in the crucial American sports market.The second paragraph of the framework nodded toward the turmoil, with the tour and the wealth fund saying they were interested in “ending divisions.” Some elements of the deal amounted to olive branches. In one section, for instance, the two sides agreed to “cooperate in good faith and use best efforts” to bring secure Official World Golf Ranking accreditation for LIV events.The fate of LIV, which sapped the PGA Tour of some of its star players after offering exorbitant contracts and prize purses, is not included in a binding part of the deal. Instead, the new company, if it comes to pass, is expected to “undertake a full and objective empirical data-driven evaluation of LIV and its prospects and potential.”The framework does not outline any financial penalties if the deal does not ultimately progress, but it says the tour and the wealth fund “can revert to operating their respective businesses” if the agreement collapses. More

    • 150 Shares149 Views

      in Golf

      PGA Tour and LIV Golf Seek to Drop Litigation Against Each Other

      by

      Although the tour’s deal with the Saudi wealth fund has not closed, the request to a federal judge was a milestone in golf’s surprise détente.The PGA Tour, LIV Golf and Saudi Arabia’s sovereign wealth fund asked a federal judge in California on Friday to dismiss the litigation that catapulted golf’s economic and power structure into the American court system.The request to dismiss the case with prejudice, meaning that it cannot be refiled, came less than two weeks after the tour and the wealth fund, which bankrolled LIV, announced a tentative agreement to form a partnership. Although the deal may not close for months and faces mounting scrutiny in Washington, Friday’s submission in Federal District Court in San Jose, Calif., was a milestone in the abrupt détente between the rival circuits.Judge Beth Labson Freeman, who has been overseeing the case, is expected to approve the request, a cornerstone of the tentative agreement between the tour and the wealth fund. By abandoning the litigation, LIV, the PGA Tour and the wealth fund are limiting the potential for damaging revelations and surging legal bills, as well as closing off one avenue for recourse if the new alliance falls apart.Justice Department officials, who were already conducting an antitrust inquiry into men’s professional golf, are expected to review the deal closely and could even try to block it or compel changes to it. At least two Senate panels are demanding information about the planned transaction and its consequences, and the deal has not even secured the approval of the PGA Tour’s board.Much about the agreement itself also remains in flux, including the valuations of the assets of the tour, LIV and the DP World Tour, formerly the European Tour, that are to be housed inside the new for-profit venture. The tour’s commissioner, Jay Monahan, is expected to serve as the company’s chief executive, and Yasir al-Rumayyan, the wealth fund’s governor, is poised to be its chairman. The PGA Tour expects to hold a majority of the seats on the new company’s board, but the wealth fund will have extensive power over how it is bankrolled, assuring the Saudis of significant influence.Until June 6, when the deal was announced, the PGA Tour had warned against allowing Saudi money and influence to take hold in golf, fueling California litigation that had a costly, complicated life.The acrimonious proceedings began last August, when 11 LIV players, including the major tournament champions Phil Mickelson and Bryson DeChambeau, brought a lawsuit that accused the tour of violating antitrust laws. LIV itself joined the case later that month.The tour also pursued its own claims against LIV, which it said had improperly interfered with existing contracts with players. The tour later received Judge Freeman’s approval to expand its case to include the wealth fund itself and al-Rumayyan, just one of the rulings that placed pressure on the Saudis and their allies, whose superior financial resources put the tour under immense strain.The tour, the wealth fund and LIV waged a ferocious battle over evidence collection in the case, and many filings in the case were redacted, but a federal magistrate judge concluded this year that the wealth fund was “the moving force behind the founding, funding, oversight and operation of LIV,” undercutting its contention that it was a passive investor in golf.A trial had not been expected until at least next year.Hours before Friday’s filing from the tour and LIV, The New York Times filed a motion that asked the court to unseal records in the case. The Times cited a “substantial and legitimate public interest in these proceedings and their outcome” and suggested that the planned partnership could make concerns of competitive harm moot.“To the extent that competitive harm existed at the time of sealing, those justifications may not apply with the same force today — or upon completion of the parties’ anticipated merger,” The Times’s filing said. “Sealing is a decision that can and should be revisited as facts change and circumstances require.”It was not clear when the judge would rule on either of Friday’s motions. More

    • 125 Shares119 Views

      in Golf

      U.S.G.A. Steadfast in Plan to Curb Pro Golfers’ Driving Distances

      by

      Players are objecting to a proposed change from golf’s rulemakers to use new balls, but the U.S. Golf Association said Wednesday it would not abandon the plan.The United States Golf Association acknowledged Wednesday that it had heard ferocious opposition to its proposal for professional players to use balls that travel shorter distances — but it also signaled no interest in abandoning its ambitions to rein in equipment in the next several years.The association and the R&A, a governing body based in Britain, had in March proposed a rule that they estimated could trim top golfers’ tee shots by an average of about 15 yards. Framed as an effort to preserve the sport and the relevance of many of its finest courses, the proposal provoked a backlash among hard-driving professionals, who are routinely hitting tee shots at distances that were all but unimaginable only a few decades ago, and equipment manufacturers, who relish selling weekend duffers the same balls the stars strike at events like this week’s U.S. Open.“Our intent is pure; it’s not malicious,” Fred Perpall, the U.S.G.A.’s president, said at a news conference at the Los Angeles Country Club, where the Open will begin on Thursday. “We’re not trying to do something to damage anyone. We’re thinking about all the good that this good game has given us, and we’re thinking about what is our responsibility to make sure that this game is still strong and healthy 50 years from now for our children’s children.”The debate about distance in golf has played out for years, with executives increasingly irritated with stopgap fixes, like redesigning holes to accommodate the game’s most potent hitters. Some of the sport’s retired greats, including Jack Nicklaus and Gary Player, have pressed golf’s rule book writers to take blunt and urgent action.“Not everybody’s got the ability to go buy the golf course next door, like you do at Augusta,” Nicklaus said in an interview with The New York Times at the Masters Tournament in April. “You can’t just keep buying land and adding. We used to have in this country probably a couple of thousand golf courses that could be tournament golf courses. Today, we maybe have 100.”In the 2003 season, PGA Tour players recorded an average driving distance of about 286 yards, with nine golfers, including Phil Mickelson, Vijay Singh and John Daly, typically hitting at least 300 yards off the tee. So far this season, the tour’s average driving distance stands at nearly 298 yards. Some 91 players — up nearly 10 percent since the U.S.G.A. and the R&A released their proposal — exceed 300 yards on average.Under the plan, balls that travel more than 317 yards when struck at 127 miles per hour would generally be banned.The U.S.G.A. and the R&A are gathering feedback about their proposal, which would not take effect until at least 2026 and would be classified as a model local rule, empowering individual tours and events to adopt it. The U.S.G.A. and the R&A would almost certainly impose the rule at the events they control, including the U.S. Open and the British Open, two of the four men’s major championships.But other golf power brokers, including the PGA Tour, have not embraced the plan, and many of the game’s biggest stars have openly resisted the thought of deliberately curbing distance.Even those who have been receptive to the prospect of making balls seem a little less like long-distance missiles have urged golf’s leaders to have a consistent standard throughout the game, without differences for top-tier professionals.Under the plan, balls that travel more than 317 yards when struck at 127 miles per hour would generally be banned.Desiree Rios/The New York Times“I just don’t think you should have a ball for the pros that might be used some tournaments, might not be used some tournaments, then amateurs can buy different golf balls,” said Matt Fitzpatrick, who won last year’s U.S. Open. “I don’t think that would work.”Tour players recently met privately in Ohio with U.S.G.A. officials and manufacturers to discuss the proposal, and Patrick Cantlay, who is No. 4 in the Official World Golf Ranking, said this week that “tensions were high” in those sessions.“Seems like golf is in a good spot, and doing anything that could potentially harm that would be foolish,” Cantlay said.Mike Whan, the U.S.G.A.’s chief executive, said Wednesday that he was sensitive to the concerns bubbling up from players and suggested that the governing bodies could tweak their proposals in the months ahead. But he emphasized that the U.S.G.A. is also concerned about the millions of golfers who are not professionals and neither he nor Perpall indicated plans for a wholesale surrender.“If you’re going to take on significant governance decisions that you think are going to help the game be stronger in 20 and 40 years, you can’t expect everybody to like those decisions, and that’s part of governance,” Whan said. “You have to decide whether or not you can stand up for what you think is the game long-term, knowing that maybe 20 percent or 30 percent or 50 percent like it and the others don’t. But I think the feedback process is important and it makes us better. Even when we don’t like the feedback we get, it makes us better.”Whan and Perpall’s impassioned defense unfolded as one of golf’s most influential figures, Jay Monahan, the PGA Tour commissioner, was absent from the U.S. Open course. The tour disclosed late Tuesday that he was “recuperating from a medical situation” and that two other executives, Ron Price and Tyler Dennis, had indefinitely assumed day-to-day oversight of the circuit’s operations.The announcement that Monahan had stepped back followed seven days of turmoil in professional golf. Last Tuesday, the tour announced that it planned to partner with Saudi Arabia’s sovereign wealth fund, the force behind the LIV Golf league that upended the sport, after months of depicting Saudi money as tainted. Monahan, who helped to negotiate the deal, was criticized as a cash-hungry hypocrite, but he has retained at least some crucial allies inside the tour.“Jay is a human being,” Webb Simpson, the 2012 U.S. Open winner and a member of the tour’s board, said in an interview on Wednesday. “Golf is a game, and oftentimes, we make golf into something so much bigger than it is and we dehumanize people.” Perhaps, he said, Tuesday’s announcement would give “people a little perspective.”But Simpson said he knew nothing about Monahan’s status beyond the tour’s initial statement. The tour has declined to elaborate on it or to give a projected timeline for Monahan’s return.Price and Dennis said in a statement that their priority was “to support our players and continue the work underway to further lead the PGA Tour and golf’s future.”In its own statement on Wednesday, the wealth fund “committed to working closely with the PGA leadership and board to advance our previously announced transaction to invest significantly in the growth of golf for the benefit of players, fans and the expansion of the game around the world.” More

    • 125 Shares199 Views

      in Golf

      PGA Tour Commissioner Jay Monahan Steps Back after ‘Medical Situation”

      by

      The tour did not elaborate on Jay Monahan’s condition but said two other executives would oversee operations during his absence.The PGA Tour said Tuesday night that Jay Monahan, its commissioner, was “recuperating from a medical situation” and that two of its other executives would oversee the tour’s day-to-day operations for the time being.The tour’s four-sentence statement came one week after Monahan, 53, announced that the tour had reached a partnership deal with Saudi Arabia’s sovereign wealth fund, which bankrolled the LIV Golf league that has clashed with Monahan’s circuit for more than a year.Monahan, the tour’s commissioner since 2017, was one of the lead negotiators during the secret talks, which led to a deal that has stirred a furor among players, outrage on Capitol Hill and the prospect that the Justice Department will seek to block the arrangement. He has spent recent days crafting a response to a crush of opposition to the deal, including a session with players he called “heated,” a contentious news conference, a town-hall meeting with tour employees in Ponte Vedra Beach, Fla., and a pointed letter to lawmakers in Washington.The tour did not elaborate on Monahan’s condition but said that its board “fully supports Jay and appreciates everyone respecting his privacy.”The tour did not give a timeline for Monahan’s return and said that Ron Price, the circuit’s chief operating officer, and Tyler Dennis, the president of the PGA Tour, would take charge in the interim.Monahan has worked for the tour since 2008, with stints as its chief operating officer, its chief marketing officer and as executive director of the Players Championship. Under the deal that Monahan helped broker this spring after he spent months condemning the rush of Saudi cash into men’s professional golf, the moneymaking components of the PGA Tour, LIV Golf and the DP World Tour are to be housed in a new company.Monahan is expected to be its chief executive, and Yasir al-Rumayyan, the governor of the Saudi wealth fund, is in line for its chairmanship. Monahan and his lieutenants have insisted that the company’s structure, which allows for extensive Saudi investment, will give the PGA Tour ultimate authority over the most elite tiers of professional golf. But al-Rumayyan’s role and the potential for significant infusions of Saudi cash have helped stir doubts about the extent of Monahan’s authority.It is not clear when the deal will close, but the agreement has been the subject of intense discussion and skepticism among players at the U.S. Open, where competition is scheduled to begin Thursday at the Los Angeles Country Club. More

    • 150 Shares189 Views

      in Golf

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

      by

      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

    • 138 Shares179 Views

      in Golf

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

      by

      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

    • 163 Shares129 Views

      in Golf

      How Will Jay Monahan of the PGA Tour and Yasir al-Rumayyan Work Together?

      by

      The stunning golf merger announced last week has raised many questions, and one big one is how will the Saudi wealth fund boss and the tour commissioner manage to work together?After more than a year of high-stakes jockeying and long-distance accusations, Jay Monahan and Yasir al-Rumayyan finally met in May, an arranged blind date in some Venice cafe or hotel.Now the oddest of bedfellows will attempt to remake the future of professional golf and repair the damage done by a yearlong civil war they had once waged against each other.The 53-year-olds in charge could not be more different: Monahan, the American commissioner of the PGA Tour since 2017, and al-Rumayyan, the trusted confidant of Saudi Arabia’s Crown Prince Mohammed bin Salman and overseer of his country’s massive Public Investment Fund.It is that fund, claiming to be worth somewhere close to $700 billion, that bought its way into golf last Tuesday. It ended a sniping, court-complicated fight between the PGA’s American and European tours and the Saudi-backed LIV Golf tour. It instantly solved the PGA Tour’s financial struggles.Now al-Rumayyan will be chairman of this entity. Monahan will be his chief executive. And among the many complex questions this raises is one of internal logistics. How will this unlikely duo manage — manage the game of golf, both on the course and off it, and manage to get along?“Money can change everything,” the legendary golfer Gary Player said in an email exchange. “And all we can do now is hope the outcome moving forward is positive for all.”Monahan has deep New England roots and a background in sports marketing. His leadership style is as hushed as a golf crowd awaiting a winning putt.“I enjoy all forms of human interaction,” he told Golf Digest in 2017. “Talking with people, listening to them, often just observing them. Even unpleasant people, I enjoy discovering what makes them tick. It’s sort of a requirement of the job I’m in now because the range of people is so broad, their situations so dynamic. Their needs and goals can be material, but it’s the human interaction that gets us there.”Al-Rumayyan, the cash-carrying disrupter with a deep passion for golf, is a stern test for Monahan’s people skills. Certainly his “needs and goals” are material.While al-Rumayyan will hold just one of the (now) 11 seats on the PGA Tour board of directors, he and the wealth fund have the exclusive right to invest in the new entity. That means they control the finances, and they plan to pump in billions of dollars.Yasir al-Rumayyan and Monahan sat side by side during an appearance on CNBC.CNBCIn his only public appearance since the merger was announced last week, a televised consummation on CNBC where the two sat chummily side by side, al-Rumayyan said he would let Monahan lead the operation.The “voting system” and the majority of the board, he noted, “is not going to be with us.”But al-Rumayyan’s very presence — and the deal itself, for now only a framework that could take months to formalize — is a heavy reminder that money can trump it all.“The Saudis will want to dominate this,” said James M. Dorsey, adjunct senior fellow at the S. Rajaratnam School for International Studies in Singapore. “They don’t like to play second fiddle. And they believe, not without reason, that money talks.”What kind of takeover leader al-Rumayyan will become is unclear. His PIF portfolio is massive, and he chairs dozens of state-owned firms, including the oil giant Saudi Aramco and the mining firm Ma’aden. He largely lets executive teams run them as they see fit.But the relationship with Newcastle United, the English soccer team, might provide the best clues for golf.The PIF bought an 80 percent share of Newcastle United in 2021. Fans of the English club immediately welcomed the ownership change, as the prospect of on-field success overrode hard questions. Infused with PIF money, doled out by al-Rumayyan, Newcastle has surged toward the top of the English Premier League.At Newcastle, he has left day-to-day decisions to others, though he has quickly approved expenditures for talent upgrades and has not been invisible.He shows up to matches on occasion. (Compare that with mostly absentee ownership of Manchester City by Sheikh Mansour bin Zayed al-Nahyan of the United Arab Emirates, who made news on Saturday by going to the team’s Champions League final.) He has kicked the ball around the team’s field and been photographed in the dressing room.Al-Rumayyan with the Newcastle players, coaching staff and families after they qualified for the Champions League.Scott Heppell/ReutersYet al-Rumayyan is more passionate about golf. Around LIV, his pet project, he is known as H.E., for His Excellency, and has been a considerable public presence. At last year’s LIV event in Bedminster, N.J., al-Rumayyan hobnobbed with former President Donald J. Trump, the course’s owner. For a time, al-Rumayyan wore a “Make America Great Again” cap.But most do not expect him to be an overtly public presence in golf or a familiar figure around the trophy ceremonies. Part of it is his portfolio; he has plenty of other business responsibilities.“How much time does he have to allocate?” Dorsey said. “This is a man at the top of an empire. He oversees a vast array of things. I think you’ll see a lot of his lieutenants and not a lot of him, at least once this settles down.”Part of it is Saudi culture; he has to “walk a fine line,” according to Kristian Ulrichsen, a fellow for the Middle East at Rice University’s Baker Institute for Public Policy, given the autocratic leadership of Prince Mohammed.“If you seem to be too big, and you seem to be Mr. Saudi Arabia, bin Salman doesn’t take well to people stepping on his toes,” Ulrichsen said. “But we’ve also seen that al-Rumayyan is probably the most trusted and most competent member of his inner circle.”Al-Rumayyan was a little-known banking executive in 2015, when King Abdullah died. Power consolidated around Prince Mohammed, who soon started Vision 2030, an ambitious makeover for Saudi Arabia and its reputation. Part of that involved building the PIF as a diversifying vehicle for growing global capital, financially and culturally.At last year’s LIV event in New Jersey, al-Rumayyan hobnobbed with former President Donald J. Trump.Doug Mills/The New York TimesPrince Mohammed, looking to flush out the aging elite that he felt limited the country’s ambitions — locking up and abusing hundreds of them — handed responsibility of the fund to al-Rumayyan.Continued human rights violations and the murder of the journalist Jamal Khashoggi in 2018, on orders, the Central Intelligence Agency has said, from Prince Mohammed, have made the Saudis global pariahs.But under al-Rumayyan’s direction, the investment fund grew exponentially.Investment in sports, in particular, has proved an effective reputation launderer that some call sportswashing. The culmination of that effort may be the takeover of golf, announced the same week Secretary of State Antony J. Blinken visited Prince Mohammed in Saudi Arabia.“This was part of establishing Saudi Arabia on the global stage,” Ulrichsen said of the Saudi push into international sports. “And in this case, it shows that Saudi Arabia is welcome again at the highest kind of table in the United States, especially after what happened post-2018. That period of isolation is now definitely over.”For Saudis, the golf deal is more a global news event than a national one. Wednesday’s front page of Arriyadiyah, the kingdom’s top sports daily, was dominated by the news of the French soccer player Karim Benzema moving to Jeddah-based Al-Ittihad, the latest prize for the top Saudi league, which already attracted Cristiano Ronaldo, among others. The announcement of the golf merger was nowhere to be found in any of the paper’s pages for that day, and merited only a brief mention on Page 11 on Thursday.But al-Rumayyan is on a one-man mission to use golf for Saudi benefit. He helped establish the Saudi Golf Federation and the Saudi Golf Company, founded in 2019 to promote the game in the country.One uncertainty is the long-term role of Monahan as chief executive. Tax records obtained by ProPublica show that he was paid $14 million in salary in 2021 for his role as PGA Tour commissioner. He spent most of 2022 and early 2023 trying to fend off LIV through insults and lawsuits.That litigation will be withdrawn, saving the cash-poor PGA Tour money while shielding al-Rumayyan and the wealth fund from depositions and discovery.Was it all gamesmanship that can be forgiven now? Or might al-Rumayyan work behind the scenes to find a leader more aligned with his goals?Monahan wants golf fans, sponsors and his own players to resist the reflexive, collective wince at this new arrangement, painted by many as a money-over-morals transaction, and to think of where global golf can be in 10 years.One uncertainty is the long-term role of Monahan as chief executive.Eric Risberg/Associated PressIt most likely depends on whatever al-Rumayyan wants.It could be mere tweaks in payouts, schedules and formats to lift a sagging, traditional enterprise — the way he has handled Newcastle. Or it could be an overhaul. A possible comparison, without ties to the PIF, is the way international cricket introduced Twenty20 to counter dragging, multiday contests with something shorter, livelier and more consumable, which is similar to what LIV has tried to do.For someone like Player, 87, a nine-time major tournament winner from South Africa, the hope is broad, global growth, not just on the PGA Tour.“The women’s game and the weekend golfer should not be forgotten with all this money pouring in,” he said. “Allow the ladies to earn a better living. Use the money to make golf accessible for the masses. Let’s make it a point to share this new era to all who love our sport.”At the heart of all the possibilities, for now, is the relationship between two men — an impossibly rich backer from Saudi Arabia and a tradition-rich sports executive from Massachusetts.“We just sat down, him and I, in Venice for about two hours, trying to understand each other,” al-Rumayyan said. “He talked about his aspirations, his life. I did the same. Even my family was with me in Venice. We had a lunch with a big group of people. The understanding and the positive thinking is what really unites us in growing the game of golf. The passion that we have, both of us, is what really cemented this kind of agreement.”Springtime in Venice has a way of sparking such enchantment.Skeptics may point out that Venice is a series of islands and an easy place to lose your sense of direction. Cynics might note that it is sinking.Ahmed Al Omran More