Swimsuit manufacturer TYR Sport has sued rival Speedo, maker of the record-breaking "LZR Racer,", alleging the company conspired with the US swimming federation to stifle competition and lure top American athletes away from other firms.
The suit filed in .. federal court challenges Speedo's financial relationship with the sport's American governing body and the head coach of the US team, Mark Schubert.
TYR claims Warnaco Swimwear, the parent company of Speedo, has violated American antitrust laws by conspiring with USA Swimming and Schubert to promote the benefits of wearing the LZR suit at the Olympics 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 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 American 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 Olympic Games 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, California, doesn't ask for specific damages but does claim TYR has lost more than $US500,000 because of its competitive disadvantage.
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, said the swimmer hadn't been served with the lawsuit.
"I haven't seen it, so it's impossible for me to have any kind of comment," Morgenstein said.
