European Antitrust Challenge Threatens Survival Of FINA As Sole Swim Governor

The FINA rule that protects the international swimming federation from outside challenge by rival associations wishing to organise international swimming competitions and set up their own associations and affiliations is under threat of being ruled unattainable under European antitrust laws.

FINA, as well as International Olympic Committee, lawyers will doubtless be running a careful eye over the wording of a stance taken today by the European Commission.

The EC has informed the International Skating Union (ISU) of its preliminary view that the ISU rules under which athletes face severe penalties for participation in unauthorised speed skating events are in breach of EU antitrust laws.

FINA rule GR4 states:

No affiliated member shall have any kind of relationship with a non-affiliated member or of a club affiliated thereto. This section shall apply  equally to judges, officials, trainers and coaches.

The rules goes on to state that such relationships are “non-permissible” and that any who breach the rules will be suspended by FINA for a minimum of three months and a maximum of two years, with FINA retaining “the right to review any such sanction”.

Those rules have also long held judges and deckside officials back from officiating at any events that set up in rivalry to FINA.

Now, the challenge to that stance and status and right from the EC puts at risk one of FINA’s key threats held over those who believe the international federation to be falling shy of good governance.

The World Swimming Association was formed and registered in 2015, along with the Professional Swimmers’ Association. In 2017, those behind the challenge to FINA will meet to discuss the feasibility of taking over control of world swimming from FINA, leaving the current body to govern its other disciplines, diving, synchronised swimming and water polo.

Any official ruling from the EC that holds FINA rules in contempt of antitrust laws would represent a potentially lethal thorn in the side of the international federation and its determination to continue to run swimming in the way that it long has, to the chagrin of many coaches and swimmers working at elite, world-class level.

In early 2015, FINA was urged by coach leader Bill Sweetenham – backed by the World Swimming Coaches Association, the American Swimming Coaches Association and peer bodies in several other countries – to submit to review and restructure to resolve long-term complaints about the international federations governance and structures. FINA did not even reply to that request.

In Rio at the 2016 Olympic Games, swimmers, led by coach Bob Bowman and the most decorated Olympian of all-time, Michael Phelps, voiced their criticism of FINA and others organising Olympic sport on the issue of doping. That was followed by Star Wars and unprecedented booing and jeering for those who had fallen foul of anti-doping rules but were back in the fray racing for medals once more.

Beyond that and many other governance issues high on the agenda for reform, there is a widely held view that the FINA World Cup is now so weak that it needs urgent replacement with an event that attracts the best in the world and is fit for the swimming season and the current era of greater professionalism.

FINA was …

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