Players practice on the driving range at an LIV Golf Invitational Series event in St Albans, north of London. AFP
Players practice on the driving range at an LIV Golf Invitational Series event in St Albans, north of London. AFP
Players practice on the driving range at an LIV Golf Invitational Series event in St Albans, north of London. AFP
Players practice on the driving range at an LIV Golf Invitational Series event in St Albans, north of London. AFP

US Justice Department looking into PGA-LIV deal


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The US Justice Department has begun to examine an agreement between the PGA Tour and Saudi Arabian backers of LIV Golf to determine whether it breaches federal antitrust statutes.

The inquiry is in its early stages, and it is not clear yet whether the Justice Department would take any enforcement action, a source said.

The Wall Street Journal first reported the Justice Department's involvement.

“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 PGA Tour said.

The PGA Tour, the European tour and Saudi Arabia's national wealth fund came together in a partnership that was negotiated so privately over two months that none of the players were aware.

PGA Tour commissioner Jay Monahan had been critical of LIV Golf since the rival circuit began poaching some of golf's biggest names with signing bonuses of $100 million or more, money provided by the Public Investment Fund.

The PGA Tour suspended players who defected to LIV, such as Phil Mickelson, leading to 11 players and eventually LIV to file an antitrust lawsuit against the PGA Tour last August.

The PGA Tour then filed a countersuit, and the case was not expected to go trial until at least 2024.

Part of the agreement is to drop all litigation. One motivation for the PGA Tour joining with the Saudis was the financial drain from legal fees on lawsuits that were nowhere near close to being resolved.

The Justice Department already was looking into antitrust issues since last summer.

Mr Monahan has described the agreement announced June 6 as a “framework” with plenty of details still to be determined.

The agreement was for the PGA Tour, the European tour and the PIF to pool commercial business and rights into a separate for-profit company. The PGA Tour would continue to operate with its tax-exempt 501-c-6 status.

In a letter to various politicians sent last week, Mr Monahan said he would be chief executive of the new commercial entity, which he described as a subsidiary of the PGA Tour.

“The PGA Tour will at all times hold the majority of the board seats and be in control of this new entity, regardless of the size of PIF’s investment,” Mr Monahan said in the letter.

“The PIF will be a minority investor in the new commercial entity while the PGA Tour will be the majority equity investor. At its core, the PIF is investing in the PGA Tour as it has invested in other US-based companies.”

On Wednesday, US senators Elizabeth Warren and Ron Wyden asked the Justice Department's antitrust division to scrutinise the agreement.

“Significantly, the deal appears to have a substantial adverse impact on competition, violating several provisions of US antitrust law, regardless of whether the deal is structured as a merger or some sort of joint venture,” the senators wrote.

Mercer, the investment consulting arm of US services company Marsh & McLennan, expects its wealth division to at least double its assets under management (AUM) in the Middle East as wealth in the region continues to grow despite economic headwinds, a company official said.

Mercer Wealth, which globally has $160 billion in AUM, plans to boost its AUM in the region to $2-$3bn in the next 2-3 years from the present $1bn, said Yasir AbuShaban, a Dubai-based principal with Mercer Wealth.

Within the next two to three years, we are looking at reaching $2 to $3 billion as a conservative estimate and we do see an opportunity to do so,” said Mr AbuShaban.

Mercer does not directly make investments, but allocates clients’ money they have discretion to, to professional asset managers. They also provide advice to clients.

“We have buying power. We can negotiate on their (client’s) behalf with asset managers to provide them lower fees than they otherwise would have to get on their own,” he added.

Mercer Wealth’s clients include sovereign wealth funds, family offices, and insurance companies among others.

From its office in Dubai, Mercer also looks after Africa, India and Turkey, where they also see opportunity for growth.

Wealth creation in Middle East and Africa (MEA) grew 8.5 per cent to $8.1 trillion last year from $7.5tn in 2015, higher than last year’s global average of 6 per cent and the second-highest growth in a region after Asia-Pacific which grew 9.9 per cent, according to consultancy Boston Consulting Group (BCG). In the region, where wealth grew just 1.9 per cent in 2015 compared with 2014, a pickup in oil prices has helped in wealth generation.

BCG is forecasting MEA wealth will rise to $12tn by 2021, growing at an annual average of 8 per cent.

Drivers of wealth generation in the region will be split evenly between new wealth creation and growth of performance of existing assets, according to BCG.

Another general trend in the region is clients’ looking for a comprehensive approach to investing, according to Mr AbuShaban.

“Institutional investors or some of the families are seeing a slowdown in the available capital they have to invest and in that sense they are looking at optimizing the way they manage their portfolios and making sure they are not investing haphazardly and different parts of their investment are working together,” said Mr AbuShaban.

Some clients also have a higher appetite for risk, given the low interest-rate environment that does not provide enough yield for some institutional investors. These clients are keen to invest in illiquid assets, such as private equity and infrastructure.

“What we have seen is a desire for higher returns in what has been a low-return environment specifically in various fixed income or bonds,” he said.

“In this environment, we have seen a de facto increase in the risk that clients are taking in things like illiquid investments, private equity investments, infrastructure and private debt, those kind of investments were higher illiquidity results in incrementally higher returns.”

The Abu Dhabi Investment Authority, one of the largest sovereign wealth funds, said in its 2016 report that has gradually increased its exposure in direct private equity and private credit transactions, mainly in Asian markets and especially in China and India. The authority’s private equity department focused on structured equities owing to “their defensive characteristics.”

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Updated: June 16, 2023, 4:00 AM