Today on SIRIUS NASCAR Radio at approximately 11:15am/et, SIRIUS host Steve Post reported that the U.S. District Court in Kentucky has dismissed the anti-trust lawsuit filed by Kentucky Speedway against NASCAR and ISC alleging the two worked together to restrict the Kentucky track from acquiring a NASCAR Cup race. SIRIUS host, Steve post: “Breaking news and to my knowledge you are hearing it first right here on SIRIUS NASCAR Radio. We just have word that the courts in Kentucky, the case Kentucky vs. ISC, have entirely dismissed this case. It looks like the whole thing has been thrown out.” AND A judge has ruled in favor of NASCAR and International Speedway Corp. in an anti-trust lawsuit filed by Kentucky Speedway’s owner. U.S. District Court Judge William O. Bertlesman’s opinion was issued Monday morning. In it, he ruled that even by granting Kentucky Speedway the benefit of the doubt on all reasonable inferences, the track failed to make a case. Kentucky Speedway alleged that NASCAR, which is privately held by members of the France family and sanctions races, conspired with ISC, which is publicly traded but under majority control by the Frances, to keep track Kentucky from getting Sprint Cup races. NASCAR and ISC had sought a summary judgment from the court before a trail that had been scheduled for March. Kentucky Speedway has the right to appeal Bertlesman’s ruling.(Thatsracin)(1-7-2008) NASCAR Statement: NASCAR is very pleased by the U.S. District Court’s ruling to dismiss this case. It puts an end to any question about which locations and dates NASCAR can operate its races. Like other sports such as the NFL, MLB and the NBA, NASCAR can host its events where it decides is best for the sport and its fans.(NASCAR PR) Kentucky Speedway Statement: In response to today’s decision in the antitrust suit brought by Kentucky Speedway against NASCAR and ISC, Stanley Chesley, attorney for Kentucky Speedway stated: “We are disappointed in the Court’s decision, both for ourselves, for the Commonwealth of Kentucky, and for all those fans who have been hurt by what we believe are NASCAR’s and ISC’s anticompetitive actions toward Kentucky Speedway. We are convinced that there are serious issue of both fact and law, and we intend to appeal.”(Kentucky Speedway PR)(1-8-2008) UPDATE: The Kentucky Speedway formally notified the 6th U.S. Circuit Court of Appeals on Friday that it will challenge a federal judge’s decision to dismiss its antitrust lawsuit against NASCAR and International Speedway Corp. “We’re moving forward,” Stan Chesley, the speedway’s lead lawyer, said Friday. “We wanted to move on that appeal as quickly as we could.” U.S. District Court Judge William Bertelsman on Monday ruled in favor of NASCAR and ISC by dismissing the lawsuit filed by the Kentucky Speedway more than two years ago. NASCAR and ISC filed a joint motion for summary judgment last summer and on Nov. 19 the opposing sides presented arguments before Bertelsman in U.S. District Court in Covington. The track sued in July 2005, alleging NASCAR and ISC violated federal laws by restricting which tracks host Sprint Cup (formerly Nextel Cup) races. In an amended complaint filed last year, the speedway said it wanted to develop “objective factors” for the awarding of Cup races; for the France family to give up control of either ISC (a public company that operates tracks and whose majority of voting stock is owned by the Frances) or NASCAR (a private company owned by the Frances); and for ISC to sell at least eight of the 12 tracks it owns that host Cup events. It also sought more than $200-million in damages.(Cincinnati Enquirer)(1-12-2008)
