A federal judge has dismissed runner Nick Symmonds’ challenge to the USOC and USA Track & Field’s ban on most uniform advertising at the Olympic Trials, endorsing the USOC’s position that Congress gave it antitrust immunity. Symmonds’ caffeinated gum company, Run Gum, sued the bodies in January, claiming the rules violated the Sherman Antitrust Act. It sought an injunction to place its logo on sponsored athletes at the Trials in July, a privilege that currently exists only for uniform and equipment manufacturers. In response, the USOC argued the '78 Amateur Sports Act gives it wide latitude to operate and finance the U.S. Olympic team as it sees fit. Its lawyers argued the ad restrictions protect the value of official sponsorships, the financial lifeblood of the USOC. Oregon U.S. District Court Judge Michael McShane decisively agreed with the USOC. He wrote in an 18-page opinion, “Given the exclusive and unfettered power that Congress delegated to defendants in the ASA, I find that the regulations are a proper exercise of their statutory authority.” He disagreed with Run Gum’s assertion that such a ruling would effectively grant the USOC blanket permission to fix prices (Ben Fischer, Staff Writer). USA TODAY's Rachel Axon notes Symmonds last week "auctioned nine inches of ad space on his shoulder to T-mobile for $21,800." Symmonds has "frequently fought for the rights of athletes to promote their sponsors at premier events." He missed the IAAF World Championships last year "after declining to sign a statement of conditions with USATF to wear designated team uniforms at team functions." USATF "has an agreement with Nike," and Symmonds is "sponsored by Brooks" (USA TODAY, 5/13).
