We secured the dismissal of Sherman Act claims

Davis Polk successfully represented World Aquatics, the international governing body for aquatic competitions, in antitrust litigation filed by Enhanced US LLC, an aquatics competition organizer that promotes the use of performance enhancing substances by participating athletes. In late August 2025, Enhanced brought Sherman Act claims against World Aquatics, USA Swimming and the World Anti-Doping Agency, alleging that the defendants conspired to foreclose Enhanced from entering the market for international elite aquatics competitions by adopting a new World Aquatics bylaw that would ban participants in Enhanced’s competitions from competing in the Olympics or any Olympics qualifier (e.g., World Championships). Enhanced alleged that World Aquatics exercised monopoly and monopsony power to eliminate competition in the elite swimming market.

Shortly after the complaint was filed, Enhanced moved for a preliminary injunction to enjoin World Aquatics’ bylaw. The defendants opposed Enhanced’s motion for a preliminary injunction and cross-moved to dismiss the complaint for failure to state a claim. On November 17, 2025, Judge Jesse Furman of the Southern District of New York granted the defendants’ motion to dismiss in full, holding that Enhanced failed to state a claim because World Aquatics’ bylaw, on its face, was not binding on USA Swimming or any other entity, and that Enhanced therefore failed to plead a conspiracy or agreement under Section 1 of the Sherman Act. Judge Furman further held that Enhanced had failed to allege that World Aquatics controlled the market of elite swimmers or elite swimming competitions, and therefore dismissed Enhanced’s Section 2 claims. Enhanced’s motion for a preliminary injunction was denied as moot. While the court granted Enhanced leave to amend its complaint, Enhanced did not amend and did not appeal.

The Davis Polk team included partners Arthur J. Burke, Mari Grace and Greg D. Andres, counsel Ryan W. Cooke and associates Amelia Birnie, Benjamin J. Hartman, Anthony Nania and Matthew J. Whang. Members of the Davis Polk team are based in the New York and Washington DC offices.

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