EI assists Warnaco Swimwear, Inc. (dba “Speedo USA”) and United States Swimming, Inc. in “the swimsuit wars.”

EI assists Warnaco Swimwear, Inc. (dba “Speedo USA”)  and United States Swimming, Inc. in “the swimsuit wars.” Swimsuit manufacturers brought to market new, technologically advanced swimsuits in the period 2008 and 2009. Michael Phelps and other athletes wearing these swimsuits bettered preexisting world record performances by significant margins. Speedo, in particular, enjoyed significant success leading up to and during the Olympics. Tyr Sport Inc., a swimwear manufacturer, sued Speedo USA, the United States distributor of Speedo brand swimwear, and United States Swimming, the national governing body overseeing U.S. participation in international swimming competitions, alleging restraint of trade, false advertising and disparagement related to these new, advanced swimsuits. U.S. District Court Judge James Selna granted summary judgment in favor of the Defendants, relying in part on lack of proof of harm to competition.  EI President Jonathan Walker was the Defendants’ antitrust liability expert.