Tour can depose Saudi backers

A federal judge has ruled the head of Saudi Arabia’s sovereign wealth fund, the financial backer of LIV Golf, must sit for depositions and produce documents in LIV Golf ’s antitrust lawsuit against the PGA Tour.

Lawyers for the Public Investment Fund and its governor, Yasir al-rumayyan, had sought to quash subpoenas claiming sovereign immunity.

U.S. Magistrate Judge Susan van Keulen ruled late Thursday that PIF’S involvement falls under the commercial activity exception to the Foreign Sovereign Immunity Act.

Her decision allows the PGA Tour to seek documents and any communication related to such matters as LIV Golf ’s recruiting and negotiating with players, its business plans and its involvement in the new league.

If the ruling holds, it could pull back the curtain on the PIF’S business dealings.

The ruling, seen as a victory for the PGA Tour, comes one week before LIV Golf is set to begin its second season offering $25 million in prize money at its 13 events, with $50 million for the team championship finale.

Any trial in the lawsuit would not be until at least January 2024.

Phil Mickelson and Bryson Dechambeau were among 11 players who originally filed the antitrust lawsuit in August. LIV Golf joined the lawsuit, and all but three — Dechambeau, Matt Jones and Peter Uihlein — removed themselves as plaintiffs.

In her 58-page ruling, some of which was heavily redacted, van Keulen said PIF’S involvement was of commercial interest to Saudi Arabia.

“It is plain that PIF is not a mere investor in LIV; it is the moving force behind the founding, funding, oversight, and operation of LIV,” she wrote in her decision. “PIF’S actions are indisputably the type of actions by which a private party engages in trade and traffic or commerce.”

She also said al-rumayyan was “personally involved in and himself carried out many of PIF’S activities” related to establishing, funding and operation of the rival league.

LIV Golf has accused the PGA Tour of squashing competition.