A federal judge has thrown out an $800 million lawsuit brought by Enhanced Games, accusing World Aquatics, the World Anti-Doping Agency (WADA), and USA Swimming of conspiring to discourage swimmers and athletes from participating in its new competition series. U.S. District Judge Jesse Furman dismissed the case in November but allowed the opportunity for it to be refiled within 30 days to address concerns. WADA has confirmed that the deadline has elapsed.
WADA stated that the dismissal validates their position on the matter. A source familiar with Enhanced’s legal actions disclosed that they opted not to refile due to recent success in recruiting swimmers and to avoid complicating a forthcoming public offering expected to raise approximately $200 million.
Enhanced recently revealed the addition of five more swimmers to its upcoming event in May, where participants will vie for $250,000 top prizes. Notable names like James Magnussen, Ben Proud, and Cody Miller, along with sprinting star Fred Kerley, are among the dozen athletes set to compete. The competition will enforce stringent medical monitoring but will not prohibit substance use, unlike Olympic sports regulations.
The lawsuit revolved around a regulation introduced by World Aquatics that threatened to exclude athletes participating in events endorsing scientific advancements or practices involving prohibited substances or methods. WADA and USA Swimming were implicated for backing this rule.
Judge Furman highlighted a critical flaw in the case, emphasizing that Enhanced did not establish World Aquatics’ monopoly power in the relevant markets. Although Enhanced claimed to possess information to address the deficiencies, their failure to respond within the specified timeframe led to the case being closed.