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. "Rather, it allows USOC and USATF to preclude athletes from becoming human billboards at the Trials – a ban which is necessary to finance Team USA,” McShane wrote.
In a statement, USOC CEO Scott Blackmun praised the ruling: "The court’s decision will allow us to continue to maximize the support that is available for our athletes and national governing bodies."
The case drew extra attention because of Symmonds’ outspoken crusade for athlete’s rights, and the track record of his law firm, Hausfeld LLP, which won the landmark case O’Bannon v. NCAA. Hausfeld Partner Sathya Gosselin said he is reviewing the decision and evaluating his options. The USOC was represented by Covington & Burling. USATF was repped by a team from Loeb & Loeb.
