By James Sutherland on SwimSwam
A federal judge in New York has dismissed the antitrust lawsuit filed by the Enhanced Games in late August.
The lawsuit alleged that the World Anti-Doping Agency (WADA), World Aquatics and USA Swimming were breaking antitrust law by telling athletes not to participate in the Enhanced Games, and as a result, “Enhanced” (as named in the suit) were seeking financial damages, along with a court order to halt the orchestrated effort.
In its press release announcing the suit, the Enhanced Games said it was seeking at least $200 million in actual damages, “increasing to at least $800 million after statutory trebling, punitive damages awards, and the recovery of attorneys’ fees.”
The Enhanced Games claimed in the suit that World Aquatics enacted an anticompetitive rule, bylaw 10, which allows it to govern its members regarding unauthorized competitions, in this case, one where anti-doping rules don’t apply.
However, the Court concluded that World Aquatics’ bylaw 10 didn’t do what Enhanced claims it did.
“Enhanced fails to allege that bylaw 10, contrary to its plain language, automatically applies to every elite, international swimming competition,” U.S. District Judge Jesse Furman wrote in a 33-page order on Monday, granting World Aquatics, USA Swimming and the World Anti-Doping Agency’s motion to dismiss.
“Instead, the only events bylaw 10 conditions access to are those elite, international swimming competitions hosted by World Aquatics, which Enhanced itself concedes do not constitute the entirety of the market,” the judge added.
Judge Furman ruled that Enhanced’s claims that World Aquatics is using bylaw 10 to “pressure USA Swimming and others to boycott Enhanced’s competitions” fell short as a matter of law because it doesn’t actually compel USA Swimming to restrict Enhanced, and as a result, the alleged anticompetitive effect is speculative, not legal harm.
Bylaw 10 empowers World Aquatics to govern the conduct of its members regarding unauthorized competitions, but it does not independently bind or restrict USA Swimming or others in the way Enhanced claimed.
Bylaw 10 bans individuals who “support, endorse, or participate in sporting events that embrace the use of scientific advancements or other practices that may include prohibited substances and/or prohibited methods” from competing in World Aquatics events.
“If allowed to proceed unchecked, defendants’ conduct will harm not only new competitors such as Enhanced from gaining entry into this market, but also the athletes who are critically underpaid for the risks and sacrifices they undergo daily in competing under defendants’ regime,” Enhanced Games wrote in its complaint.
Enhanced Games President and Founder Aron D’Souza said: “World Aquatics’ By-law 10 is a thinly veiled attempt to strong-arm the swimming community into boycotting the Enhanced Games. They’re holding elite swimmers and support staff hostage, threatening lifetime bans from Olympic events – all without a single anti-doping violation. To claim this is about protecting the ‘integrity’ or ‘health and safety’ of athletes is utter hypocrisy.”
The Judge ruled that Enhanced’s current complaint doesn’t state a valid legal claim, though it did give the plaintiff 30 days to refile “an amended complaint to address the defects in its claims.” If it fails to do so, the defendants win the case.
Prior to this result, WADA made a motion to dismiss its involvement, claiming that a U.S. Court didn’t have personal jurisdiction over it since its not a U.S.-based organization, but that was denied. You can read the full case document here.
WADA issued a statement responding to the ruling in a Tweet on Tuesday:
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. 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.
In September, we reported how multiple legal experts believed the lawsuit may have a legitimate case.
The Enhanced Games, a controversial start-up promoting an Olympic-style event without drug testing, has scheduled its first event for May 2026 in Las Vegas, with up to $7.5 million up for grabs in prize money across swimming, track and field and weightlifting events. Most notably, $1 million is on the line for breaking the world record in the 50-meter freestyle or the 100-meter dash.
Former Greek Olympian Kristian Gkolomeev has already gone under the world record in the men’s 50 free, doing so after joining the Enhanced Games earlier this year. Other notable swimmers committed to the Games thus far include Olympic medalists Ben Proud and James Magnussen, world record holder Andrii Govorov and Bulgarian Olympian Josif Miladinov. American Megan Romano became the first female to join the organization in early August.
In addition to World Aquatics’ bylaw prohibiting Enhanced Games competitors from competing in any of their events, WADA has publicly condemned the Enhanced Games, while USA Swimming sent an email to National Team Athletes, Coaches, and Support Staff in May cautioning them against engaging with the Games.
Read the full story on SwimSwam: Federal Judge Dismisses Enhanced Games Lawsuit Against World Aquatics, WADA & USA Swimming
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