Enhanced Games’ Lawsuit Against World Aquatics, USA Swimming Dismissed
An antitrust lawsuit brought by the Enhanced Games against World Aquatics and USA Swimming was dismissed Monday by a judge in New York.
The Olympics-style competition, which allows for the unfettered use of performance-enhancing drugs, sued World Aquatics, USA Swimming and the World Anti-Doping Agency in June. It alleged that those organizations’ bans of illegal substances amounted to anti-competitive practices.
Lawyers for the Enhanced Games specifically took aim at Bylaw 10, implemented by World Aquatics in June, that articulated prohibitions against anyone who has “actively supported or endorsed a sporting event or competition that embraces scientific enhancements that include the use of Prohibited Substances or Prohibited Methods.”
The organization that has never hosted an event sought damages of $800 million. It also sought preliminary injunctive relief for participants from Bylaw 10, which it contends “has harmed its ability to recruit personnel, especially the non-enhanced swimmers, that are necessary for its inaugural Games.”
U.S. District Judge Jesse Furman found that Enhanced Games failed to state claim on all counts, granting a motion to dismiss brought by the three defendants. Furman left open a 30-day window for Enhanced Games to amend its complaint.
The full decision is here (pdf).
WADA released a statement on Tuesday praising the decision.
“WADA welcomes the decision by a federal court in the United States to dismiss an antitrust claim against the Agency, World Aquatics and USA Swimming brought by the organizers of the Enhanced Games,” it read. “WADA is pleased that common sense has prevailed and remains focused on its core mission of protecting clean sport for the good of athletes around the world.”
Furman in his decision refutes Enhanced Games’ claims of “a contract, combination, or conspiracy” by the parties that restrains its trade as prohibited by the Sherman Act. He also rejected claims by Enhanced Games that the defendants “entered into a conspiracy to monopolize the markets for elite international swimming competitions and the services of elite international swimmers in those competitions;” that they monopolize the product market; and that World Aquatics “attempted monopolization and monopsonization of those markets,” stating that Enhanced did not provide sufficient evidence for any of those claims.
Furman also rejected requests Enhanced made from the defendants as part of a discovery progress.
The Enhanced Games is backed by Australian Aron D’Souza, made famous for leading the litigation by Peter Thiel against Gawker Media for defamation. Its investors include 1789 Capital, of which Donald Trump Jr. is a partner. The drug-fueled spectacle is projecting a date in 2026 for its first competition.