Ian Poulter. Hector Vivas
The DP World Tour has won its legal battle against LIV Golf, delivering a blow to the new circuit.
Following the DP World Tour’s fine and suspension of its members who moved to the fledgling LIV league last season a group led by Ian Poulter, Adrián Otaegui and Justin Harding filed an appeal against the DPWT, and the LIV members were granted an injunction to enter the Genesis Scottish Open. A UK arbitration panel heard the case in February, in which LIV players Lee Westwood and Patrick Reed testified.
However, the DP World’s tour fine and suspension will be upheld.
The decision is a loss to LIV Golf on a number of fronts. Because suspensions can be handed down for every event a DP World Tour member plays in, those with ties to the tour — like Poulter, Westwood and Reed — will likely resign in order to avoid further monetary penalties. Moreover, LIV members can no longer compete in DP World Tour events, which can be problematic should LIV not ultimately be rewarded Official World Golf Ranking accreditation.
In summary, the Sport Resolutions panel found that:
Keith Pelley, the DP World Tour’s Chief Executive, “acted entirely reasonably in refusing releases”.
The relevant regulations are lawful and enforceable. The regulations “cannot be said to go beyond what is necessary and proportionate to the [DP World Tour’s] continued operation as a professional golf tour” and the DP World Tour has a legitimate and justifiable interest in protecting the rights of its membership.
The sanctioned members “committed serious breaches of the Code of Behaviour of the DP World Tour Regulations by playing in [LIV Golf events] despite their release requests having been refused”.
All of the players’ challenges therefore failed, their appeals are dismissed in their entirety, and the £100,000 fines originally imposed must now be paid within 30 days.
Keith Pelley, the DP World Tour’s Chief Executive, said: “We welcome today’s decision by Sport Resolutions which upholds our regulations and our ability to administer them. We are delighted that the panel recognised we have a responsibility to our full membership to do this and also determined that the process we followed was fair and proportionate.
“In deciding the level of these sanctions last June, we were simply administering the regulations which were created by our members and which each of them signed up to. It is, of course, regrettable that resources, both financial and staffing, which could have been otherwise deployed across our organisation, have been impacted by this lengthy arbitration process. However, with the clarity provided by today’s decision, we look forward to continuing to focus on our 2023 global schedule, whilst also continuing to plan for 2024 with the valued support of our many partners and stakeholders.
“We will now carefully consider the details of today’s decision with our Board, our Tournament Committee and our legal advisors and take the appropriate action in due course.”
The ruling also likely ends the chances of LIV Golf players competing in the Ryder Cup. Though Henrik Stenson had been revoked of his captaincy following his departure, the European Team’s roster eligibility (the DP World Tour has jurisdiction over the club) did not rule out the chance of a LIV player making the squad.
The ruling comes as LIV continues its antitrust fight against the PGA Tour in the United States, a fight that thus far has not gone in LIV’s favour.
LIV and its players could launch another appeal in the United Kingdom, although it is unknown if the league or its legal representatives would go down that path. Eighteen LIV Golf players are in this week’s Masters field, including six former Masters champs.
