Tom Lotshaw
December 26, 2025
World Aquatics Freed From Enhanced US' Antitrust Suit
4 min
AI-made summary
- A New York federal judge dismissed Enhanced US LLC's antitrust lawsuit against World Aquatics, USA Swimming Inc., and the World Anti-Doping Agency, finding the sporting event organizer failed to plausibly allege a conspiracy to block its competitions that allow performance-enhancing drugs
- The judge ruled Enhanced's claims were deficient, but allowed 30 days to amend the complaint
- The case is Enhanced US LLC v
- World Aquatics et al., case number 1:25-cv-07096, in the Southern District of New York.
Enhanced US LLC, a sporting event organizer that lets athletes use performance-enhancing drugs, failed to plausibly allege that World Aquatics and others broke antitrust laws by conspiring to thwart its competitions, a New York federal judge said Monday.
Enhanced had argued World Aquatics, along with USA Swimming Inc. and the World Anti-Doping Agency, used their powers over elite swimming competitions, swimmers and other professionals to unlawfully stymie its attempts to hold competitions featuring top athletes who don't use performance-enhancing drugs along with athletes who do in an inaugural Enhanced Games next year in Las Vegas.
The complaint, filed in August, sought a preliminary injunction and hundreds of millions of dollars in damages, but stumbled and fell out of the gate Monday as U.S. District Judge Jesse M. Furman found all its claims deficient and granted bids to have it dismissed.
The judge gave Enhanced, which is backed by private investors and has plans to offer swimmers prize purses of up to $500,000, as well as bonuses of up to $1 million for broken world records, up to 30 days to amend its complaint.
Enhanced took particular aim at a bylaw that World Aquatics, an international governing body for aquatic sports, put forward in June. The judge said the bylaw barred people from participating in World Aquatics events and competitions if they support or participate in sporting events embracing certain "scientific enhancements."
While Enhanced argued the bylaw was an unlawful bid to block athletes and others from participating in its events, the judge noted that the bylaw clearly left national member federations such as USA Swimming free to apply the policy or not.
"Enhanced asks the court to accept its allegation that USA Swimming is automatically bound by By-Law10 despite the plain text of the By-Law stating precisely the opposite and Enhanced's own acknowledgment that USA Swimming has not adopted such a policy. But the court cannot make that inference when Enhanced has not pleaded any factual basis to make that claim facially possible," Judge Furman said.
Comments the World Anti-Doping Agency, or WADA, made supporting the bylaw and condemning the Enhanced Games, warning that athletes and support staff who participate in events promoting the use of performance-enhancing drugs could run afoul of anti-doping rule violations, should hardly come as a surprise, according to the judge, and do not signify its participation in a conspiracy to boycott the company.
"Indeed, Enhanced does not attempt to explain how WADA's statements would be contrary to its 'economic self-interest' in perpetuating clean sport and alleges no facts indicating any degree of communication between WADA, World Aquatics or USA Swimming," Judge Furman said in the 33-page decision.
"The public calls by WADA to other organizations to 'come together' to condemn Enhanced are far more plausibly explained by WADA's relative powerlessness and inability to take concrete action against athletes than evidence of its entry into a conspiracy with either or both of World Aquatics and USA Swimming," the judge added.
According to the judge, Enhanced also failed to plausibly allege that World Aquatics holds or has attempted to secure monopsony power — a situation where a single buyer dominates the market — over the labor market for elite swimmers.
"Enhanced's assertion that World Aquatics is the 'sole purchaser' of the services of elite swimmers and holds a '100% share' of that market is fatally undermined by its concession that World Aquatics does not host 100% of the competitions within the relevant market," Judge Furman said.
"Nor does Enhanced allege any facts that could support an inference that World Aquatics somehow dictates the compensation paid to elite swimmers in the elite international swimming competitions it does not hold," the judge added.
Enhanced did not immediately respond to a request for comment on Tuesday.
James Fitzgerald, a spokesperson for WADA, said that it welcomed the court's decision. "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," Fitzgerald said in a statement to Law360 on Tuesday.
Representatives for the other parties did not immediately respond to requests for comment.
Enhanced is represented by Christopher R. Brennan, Evan T. Barr, Nicole Kaplan, Pamela L. Schoenberg and Edward B. Schwartz of Reed Smith LLP.
World Aquatics is represented by Arthur J. Burke, Greg D. Andres, Mari Grace and Ryan W. Cooke of Davis Polk & Wardwell LLP.
USA Swimming Inc. is represented by Karen M. Lent, Evan H. Levicoff, Matthew M. Martino and Michael H. Menitove of Skadden Arps Slate Meagher & Flom LLP.
World Anti-Doping Agency is represented by Jonathan M. Sperling, John S. Playforth and Derek Ludwin of Covington & Burling LLP.
The case is Enhanced US LLC v. World Aquatics et al., case number 1:25-cv-07096, in the U.S. District Court for the Southern District of New York.
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Tom Lotshaw
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