Abstract

In a decision that highlights the potential for governing bodies in sport to exploit data relating to their sport, the US Court of Appeals recently ruled that PGA Tour, Inc., (the “PGA”) the governing body for professional golf in the US, is entitled to prevent others from on-selling the ‘real-time' golf scores from the golf tournaments that the PGA governs. Morris Communications Corp. (“Morris”), a multimedia company, brought an action against the PGA in the District Court for the Middle District of Florida in 2000 after the PGA refused to allow Morris to sell the ‘real-time' tournament scores produced by the PGA on to third party website publishers unless Morris purchased a licence to do so from the PGA. Morris alleged that the PGA's restrictions were anti-competitive and therefore unlawful.

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