SureShot Golf Ventures, Inc., has filed an anti-trust lawsuit against Topgolf International Inc. The lawsuit, filed in federal court in Houston, accuses TopGolf of monopolizing the market for golf entertainment facilities, particularly in regards to Protracer technology that Topgolf acquired in 2016.
The lawsuit, filed on May 18, basically is the continuation of antitrust litigation Sureshot filed against Topgolf in January 2017. Sureshot lost that lawsuit and an appeal.
In a 20-page filing that seeks treble damages, Sureshot’s new lawsuit alleges that Dallas-based Topgolf, upon hearing that a competitor (Sureshot) was entering the market with the benefits of better technology, Topgolf “used its position as a monopolist to acquire Protracer, who had until then, expressed its intention to remain vendor neutral.’
On May 24, 2016, Topgolf announced its acquisition of Protracer. Sureshot alleges Topgolf used its “market power’’ to foreclose SureShot from entering the market by effectively cutting off the supply to SureShot of the Protracer technology upon which the SureShot model was built and based.
Sureshot further alleges that after rebranding Protracer as “Toptracer,” Topgolf “effectively ended any use of Protracer by outside parties.’’
By acquiring Protracer, Sureshot alleged Topgolf “purposefully froze out’’ competition and “furthered its monopolization’’ of the market area.