The U.S. District Court in San Francisco has decided in favor of World Aquatics, in cases that had originally been opened in 2018. Two antitrust lawsuits had been filed: one directly by the International Swimming League (ISL) and another by swimmersย Tom Shieldsย (USA),ย Michael Andrewย (USA), andย Katinka Hosszuย (HUN), with ISLโs support.
โWorld Aquatics is grateful to Judge Corley for her thoughtful and just decision. We are pleased that it brings an end to a period of uncertainty. And we are thankful for the clarity that the Courtโs decision provides,โ said World Aquatics President Captain Husain Al-Musallam. โThis is an important decision and also a good decision, not just for World Aquatics, but for the Olympic Movement and beyond.โ
The lawsuits had alleged unreasonable restraint of trade on the part of FINA, as World Aquatics was then known. The Court found that there had been no such action, saying: โThe Court acknowledges the record is replete with evidence of FINAโs concern about competition from ISL. But, so what? The antitrust laws do not require one competitor to help another compete with it; instead, they prohibit only unreasonable restraints of trade.”
In granting World Aquaticsโ motion for summary judgment, the Court agreed that ISL could always have put on its own swimming competitions independently and that World Aquatics together with its member federations do not have monopoly power to control competition:ย โIt is undisputed that top-tier swimmers are not bound by contract to swim only in FINA-sanctioned competitions. Indeed, the undisputed evidence is that ISL can and does sponsor top-tier swimming competitions without any affiliation with member federations.โย
The Court also found that World Aquatics had made no attempt to stop such competitions by sanctioning swimmers: โThere is no rule (and never was) that allows FINA to penalize a swimmer who participates in a competition that is not affiliated with a member federation, and no evidence that FINA ever did, or even threatened to do so.โ
Commenting on the decision, World Aquatics Executive Director Brent Nowicki said: โThis was, and always has been, an avoidable controversy. We look forward to putting it behind us, as we look forward to delivering an exciting calendar of opportunities for all aquatics athletes, to whom World Aquatics remains deeply committed.โ
Press release from World Aquatics



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