FROM THE REUTERS WEBSITE
By PETER RUTHERFORD
SINGAPORE - A Singapore court ruled against the Asian Tour in a
restraint of trade case today and ordered it to repay fines imposed
on four golfers.
Australians Terry Pilkadaris
and Matthew Griffin, Dutchman Guido van der Valk and Malaysian Anis
Helmi Hassan brought the case against the Asian Tour after being
suspended for refusal to pay $5,000 (3,120.32 pounds) fines imposed for
playing events on the rival OneAsia circuit.
The
players argued that the penalty was unfair and they should be allowed
to play elsewhere if the Asian Tour did not stage a tournament the same
week.
Pilkadaris said in a statement he was delighted with the verdict and felt vindicated in his stance.
"This
situation was simply unfair. Even when the Asian Tour didn't have a
tournament, we were being prevented from playing on OneAsia - and as a
professional golfer this clearly is an infringement of trade," he said.
"I
was a very loyal Asian Tour member. Even when I was on the European
Tour, I used to come back to Asia to play their events, so to be accused
of disloyalty was not very nice.
"I earned the right to play on the Asian Tour - and OneAsia - and so I am glad that this has been resolved."
In
the High Court ruling on Tuesday, the judge wrote that the Asian Tour's
regulations regarding the release of players to take part in events on
other tours was "unenforceable and null and void for being an
unreasonable restraint of trade".
The ruling ordered the Tour to repay the fines levied on players and pay their costs.
The
Asian Tour, which has accused OneAsia of stealing events, had said it
was simply following its rules and regulations in suspending the quartet
for failing to pay.
Other Tour members had agreed to pay the fines and gone on to play rival events, it had said.
A
statement from the Asian Tour on Tuesday said: "Our lawyers are
reviewing the court judgement and we will make further comments at an
appropriate time."
Sang
Y Chun, chairman and commissioner of OneAsia, said it had been
"illogical" for the Asian Tour to stop its players from competing in
other competitions, particularly when there was no conflict of dates.
"We
have always had a much more open policy - if you are qualified to play,
you should be allowed to play," he said in a statement.
"OneAsia
wants to see the best golfers in Asia competing for the richest purses
and we hope this ruling opens the way for more players to take part in
our events without fear of punitive fines or banning."
While
the Asian Tour has been keen to help its players on to the bigger
European and US PGA Tours, it has been concerned about the growth of the
rival OneAsia circuit and introduced fines to deter members from playing
on it.
OneAsia launched its first
season in 2009, promising $1 million (624 thousand pounds) events with
full fields of Asian players. It now has 10 full-field stroke play
events this year after starting with five in its first year.
Van
der Valk incurred a $5,000 fine for playing in OneAsia events in 2010
but the world No. 600 told Reuters earlier this month that he could no
longer afford to take the risk of paying them as he has no guarantees of
making money from competing.
Griffin
played in the Chengdu Open, Maekyung Open, SK Telekom Open and
Indonesian Open on the OneAsia Tour between April and July 2010, with
Pilkadaris playing in three of the events, Van der Valk two and Anis
just in Indonesia
Pilkadaris, Griffin and Anis have dropped their membership of the Asian Tour.
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