Majed Dakak, Partner with Kesselman Brantly Stockinger, was quoted in the Daily Journal article, “Judge won’t force PGA to allow LIV players in playoffs event. ”The article examines US District Judge Beth L. Freeman’s decision to deny a temporary restraining order that would have allowed LIV Golf players to play in the PGA’s FedEx Cup Playoffs, agreeing with the PGA that the players were aware of the potential losses resulting from their LIV contracts.
The court also addressed additional issues such as whether the players’ antitrust claims had sufficient merit, whether the plaintiffs suffered irreparable harm, and whether PGAʼs policies were inappropriate and unenforceable. Dakak commented to the Daily Journal, “The Courtʼs irreparable harm analysis is consistent with established case law dealing with professional sports disputes where courts have held that the harm arising from being barred from a game or an event can be measured in the form of quantifiable monetary damages and is not sufficient to show irreparable harm.” “For example, LIV was unable to assuage the Courtʼs concerns related to LIVʼs Section 2 monopoly claim when the Court pointed out that PGA players are only bound to one year exclusive agreements and that these players could have waited to leave the PGA and join LIV at the end of their contacts term like other players did,” Dakak continued. “This Courtʼs observation regarding the one-year length of the exclusive dealings at issue here is consistent with clear 9th circuit law which has held that a one-year exclusive dealing arrangement is presumptively lawful.”Read the full Daily Journal article here: (subscription required) https://www.dailyjournal.com/ articles/ 368674-judge-won-t -force-pga-to- allow- liv-players -in- playoffs- event