A federal judge in New York dismissed an antitrust lawsuit by Enhanced that accused the World Anti-Doping Agency, World Aquatics and USA Swimming of trying to prevent its upcoming event that permits the use of banned substances.
According to a 33-page briefing by United States District Judge Jesse M. Furman on Monday, Enhanced’s claims against the three governing bodies were insufficient.
Enhanced filed the $800 million lawsuit in August and accused the governing bodies of implementing measures that prevented athletes and officials from joining its organization and potentially participating in a planned showcase in Las Vegas in May 2026.
The lawsuit specifically targeted a bylaw measure by World Aquatics that would ban any of its athletes from taking part in events that allow banned drugs. And while the bylaw, issued in June, did not name Enhanced specifically, the timing came just weeks after Enhanced said swimmer Kristian Gkolomeev swam 20.89 seconds in a 50m freestyle trial in February which would be 0.02 seconds faster than Cesar Cielo’s 2009 world record.
“Under the new bylaw, 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 will not be eligible to hold positions with World Aquatics or to participate in any World Aquatics competitions, events, or other activities,” World Aquatics said in its updated bylaw. “This ineligibility would apply to roles such as athlete, coach, team official, administrator, medical support staff, or government representative.”
But Furman’s order was direct in it’s assessment of Enhanced not proving that it has been adversely impacted as it continues to build operations, sign athletes and hire officials.
“Enhanced fails to allege that By-Law 10, contrary to its plain language, automatically applies to every elite, international swimming competition,” he said. “Instead, the only events By-Law 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.”
Furman shared a similar sentiment in regard to regulations USA Swimming looked to enforce on behalf of its own events.
“With respect to USA Swimming, by contrast, Enhanced puts all of its eggs in the direct evidence basket — despite the fact that Defendants argued in their motion to dismiss that Enhanced fails to plausibly allege either direct or circumstantial evidence of USA Swimming’s participation in a conspiracy,” he said in his briefing.
In a statement released on Tuesday, WADA applauded the decision to reject Enhanced’s claims of the three governing bodies attempting to undermine its operations.
“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,” the statement 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.”
Meanwhile it is likely that Enhanced’s roster of athletes will continue to grow in time for its inaugural event next year.
The venture will offer a $500,000 prize payout per event and $250,000 to all first-place finishers, including $1 million bonuses bonuses for unofficial world records along with appearance fees.
Founder Aron D’Souza has been adamant about going beyond the boundaries of competition and permit athletes to to use widely banned items like testosterone, growth hormones and other substances under the guidance of scientists and medical professionals.
It received its biggest jolt of star power in September when Fred Kerley revealed that he inked a deal with Enhanced and was later joined by Mouhamadou Fall. Both sprinters are currently serving bans for whereabouts violations even though Kerley has maintained that he planned on contesting the charge.
Several events, like track, swimming, weightlifting and other disciplines are slated to be part of the Las Vegas showcase.
Furman has permitted Enhanced the option file an amended complaint within 30 days if it can identify any deficiencies that address the criticism of its case.
