Three Point Shot

Ninth Circuit Does Flip Turn, Reversing Antitrust Case Against World Aquatics

In a decision that is making waves through the world of competitive swimming, the Ninth Circuit reversed a California district court's grant of summary judgment in favor of Fédération Internationale de Natation ("FINA"), now known as World Aquatics, on antitrust claims brought by a group of professional swimmers and the International Swimming League (the "ISL"). (Shields v. World Aquatics, No. 23-15092 (9th Cir. Sept. 17, 2024) (unpublished)).

As we covered in a prior edition of Three Point Shot, this legal battle first began in December 2018, when the plaintiffs – a group of professional swimmers and the ISL – filed antitrust claims against FINA, contesting the organization's rules that effectively barred national swimming federations from collaborating with "non-sanctioned" competitions such as the ISL. These rules placed national federations in a difficult position, as their