Enhanced Games' Aussie boss flags aquatics legal action
World Aquatics' ban on anyone involved in Enhanced Games is "downright disgusting behaviour" and likely illegal, the Australian founder of the drug-friendly games says.
Melbourne-born entrepreneur Aron D'Souza is flagging legal action against swimming's global governing body and its new by-law.
"We are assessing our legal options and look forward to pursuing all remedies that are available to us," D'Souza told AAP.
"It is clearly restraint of trade."
World Aquatics enacted a fresh by-law on Wednesday giving it powers to ban anyone involved in Enhanced Games, a multi-sports event with no drug testing.
The by-law covers "any individual who supports, endorses or participates in sporting events that embrace the use of scientific advancements or other practices that may include prohibited substances and/or prohibited methods".
"(They) 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.
The move didn't surprise D'Souza, a lawyer who is president of Enhanced Games.
"I always expected that the governing bodies or the International Olympic Committee would take such a step," he said.
"The legal case law is not supportive of their position.
"This is exactly what they did against the International Swimming League and this is what the PGA Tour did against LIV Golf.
"And European courts, American courts, have routinely ruled that this is an abuse of monopoly power.
"World Aquatics' move is designed to impoverish the greatest athletes in the world and that is such inappropriate and downright disgusting behaviour."
The aquatics governing body stated in its fresh by-law that any appeal against a ban could only be heard by the Court of Arbitration for Sport (CAS).
"Let's be clear, the Court of Arbitration for Sport is not a court," D'Souza said.
"And the use of the term court, I have always felt, is an abuse of that term and certainly possibly unconstitutional in the United States.
"That tribunal is an internal organisation of the International Olympic Committee, it hasn't been constituted by statute in any country nor has it been constituted by a treaty.
"And so it's legal standing to be the ultimate arbitration body for sport is only on a contractual level between parties.
"If they think that matters related to the Enhanced Games can somehow be decided in CAS, it's a farce because we're not a participant in that system nor do they have any legal authority."
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