Battle over swimsuits moves to the courtroom

[May 16, 2008]  CLIFTON, N.J. (AP) -- Forget the pool. The bitter battle over Olympic swimsuits is now in the courts, less than three months before the Beijing Games.

In a case sure to rock the swimming world, California-based TYR Sport filed a federal lawsuit this week alleging that rival Speedo, manufacturer of the record-breaking "LZR Racer," has conspired with USA Swimming to stifle competition and lure top athletes away from other companies.

The main issue: Speedo's financial relationship with the sport's American governing body and the head coach of the U.S. team, Mark Schubert.

TYR claims Warnaco Swimwear, the parent company of Speedo, has violated antitrust laws by conspiring with USA Swimming and Schubert to promote the benefits of wearing the LZR suit in Beijing.

"This is not about Speedo technology. Speedo makes a great suit," Larry Hilton, an attorney for TYR, said Thursday. "The lawsuit is about TYR wanting athletes not having to make their decision about what suit to wear at the pool through what we believe is the unfair dissemination of information by the national governing body of the sport. There's a big issue with a lot of the comments out there coming through USA Swimming and Mark Schubert about the relative merits of the LZR suit."

Since the LZR Racer's unveiling in mid-February, swimmers wearing the suit have set a staggering 37 world records and rekindled the debate over whether technology has too much influence over the sport. At least one coach has gone so far as to suggest that the suit amounts to "technological doping," though world governing body FINA has upheld the legality of Speedo's design.

Fast times are not the issue, according to Hilton, who said TYR is more concerned that Speedo, as a major sponsor of USA Swimming, holds too much sway over the governing body. In particular, the lawsuit points to disparaging comments Schubert allegedly made about non-Speedo suits and claims the LZR improves performance by 2 percent, a huge amount in a sport often decided by hundredths of a second.

"Schubert has gone so far as to state that Olympic hopeful swimmers who do not switch to Speedo are wearing 'inferior' equipment and are at risk of 'staying home' during the Beijing Olympics because of the inferiority of their equipment, and to 'recommend' that athletes breach contracts with Speedo's competitors," the suit claims.

Olympic swimmer Erik Vendt, who recently switched from TYR to Speedo, also is named as a defendant. The lawsuit alleges he broke a binding contract with TYR when he changed attire.

The suit, filed Monday in U.S. District Court in Santa Ana, Calif., doesn't ask for specific damages but does claim TYR has lost more than a half-million dollars because of its competitive disadvantage.

"This is not a lawsuit motivated by money damages," Hilton said. "It's more about TYR being very concerned about what's happening in the market. It's unfair to TYR, and it's unfair to the other manufacturers. It's not good for the sport of swimming."

Speedo issued a statement denying any wrongdoing.

"While Warnaco generally does not comment on pending litigation, we think this lawsuit is without merit," the company said. "Speedo for 80 years has been the leader in innovation. Speedo's goal has always been to help athletes achieve their personal best. We're pleased that swimmers, wearing the Speedo LZR Racer, have set 37 world records in the last three months."

Chuck Wielgus, the executive director of USA Swimming, declined comment when reached via e-mail. Schubert's cell phone wasn't accepting messages and he didn't immediately respond to an e-mail from The Associated Press.

Evan Morgenstein, Vendt's agent, issued a statement late Thursday blasting TYR, denying that Vendt broke his contract and vowing not to sign any new sponsorship deals with the company.

"It is with shock and great despair that I was made aware of this unjust litigation against Erik, who is known in the industry and out as the hardest working, most honest athlete there is," Morgenstein said. "Having known Erik for many years, it is unconscionable to think that a company such as TYR has so badly misread their own contract. The ramifications will be swift and far reaching."

Morgenstein, one of the most prominent agents involved with U.S. swimming, will continue to work with clients who already have contracts with TYR, but said he "will surely make them aware of the unjust treatment their teammate and friend has endured. Erik's reputation can never be repaired, but there will be no limits to our commitment to justice for Erik."

The case could have a disruptive effect on preparations for the Beijing Olympics, where Speedo athlete Michael Phelps will again try to break Mark Spitz's record by winning eight gold medals and the American team should be one of the prime attractions back home.

In a nod to NBC, world swimming officials agreed to schedule morning finals in Beijing so the events could be televised live in the U.S. during prime time.

Phelps' coach, Bob Bowman, had no direct comment on the lawsuit but, as one might expect, he's been a staunch advocate of the LZR Racer.

"As far as the suits go, I think the facts speak for themselves," Bowman said Thursday in an e-mail to the AP.

[Associated Press; By PAUL NEWBERRY]

AP Sports Writer Beth Harris contributed to this report.

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