Topgolf Defeats Antitrust Lawsuit Over Ball-Tracking Technology

Earlier this month, a Texas federal judge dismissed an antitrust lawsuit against Topgolf International Inc. brought by a rival startup, SureShot Golf Ventures Inc.  The lawsuit alleged that Topgolf monopolized the market for golf simulation centers by acquiring tech company Protracer, which supplied the golf ball tracking technology that SureShot said it needed to compete. 

Prior to Topgolf’s acquisition of Protacer, SureShot entered into a five-year licensing agreement with Protracer.  SureShot alleged that Topgolf continued to honor the Protracer-SureShot agreement but refused to give assurances that Protracer would remain available after the expiration of the agreement.  In his order granting Topgolf’s motion to dismiss, U.S. District Judge Andrew S. Hanen ruled that SureShot had not alleged any kind of denial of access to the Protracer technology to establish that it suffered an injury capable of redressability – as required for Article III standing.  “The complaint assumes anticompetitive behavior that it admits has never happened,” the order said.