Class of swimmers sues to take part in 2024 Paris Olympics

A group of competitive swimmers headed by double Olympic gold medalist Tom Shields of Team USA is attempting to certify an antitrust class action against the Fédération Internationale De Natation to ensure their participation in the Summer Olympics in Paris in 2024.

Switzerland-based FINA is the international federation in charge of regulating all water sport competitions. It is the only federation recognized by the International Olympic Committee and the governing body that can clear athletes to take part in the Summer Olympic Games.

"Our clients are world-class swimmers so the issue for them is possibly being barred from the Summer Olympics because of their participation in events not sanctioned by FINA. The lawsuit is intended to prevent such a boycott from ever taking place," said Jeffrey L. Kessler, a partner at Winston & Strawn LLP who is representing the swimmers.

In the original complaint, the swimmers alleged they meant to "prevent and address clear antitrust violations arising from FINA's complete control, by unlawful means, over the promotion and organization of international swimming competitions and its efforts to ensure that only FINA, can determine what swimming athletes will be paid for their efforts." Shields et al. v. Fédération Internationale De Natation, 3:18-cv-07393-JSC (Cal N.D., filled Dec. 7 2018)

"It is our position that FINA has violated U.S. antitrust laws by taking action to use its power over Olympics eligibility for swimmers to try to suppress competition from competing swimming event organizations like ISL, and in doing so has deprived swimmers of the competitive opportunity to participate in more events and earn more prize money and appearance fees," Kessler said.

This suit runs parallel to a demand from the International Swimming League, a nascent division started in 2019 that has clashed with FINA before. International Swimming League, LTD v. Fédération Internationale De Natation, 3:18-cv-07394-JSC (Cal N.D., filled Dec. 7 2018)

In June 2018, FINA sent a letter to 209 federations, urging them not to cooperate with ISL.

Furthermore, the lawsuit cites an instance where former FINA executive director Cornel Marculescu "accosted world-renowned swimmer Katinka Hosszú's coach while she was warming up before a race. He warned: if Ms. Hosszú insisted on participating in ISL's event, she would be banned from competing in the upcoming FINA World Swimming Championships."

"FINA calls itself the world's governing body for all aquatic sports. As the authorized gatekeeper to the Olympic Games' aquatic events, there can be no doubt that, as it boasts on its own website, FINA "controls the development" of competitive swimming and diving disciplines," explain both lawsuits, filed the same day.

Attorneys who represent FINA at Latham & Watkins LLP could not be reached for comment. The reply briefs at the court are under seal.