Monday, January 07, 2008

Kentucky Speedway loses anti-trust claim against NASCAR

Today in the E.D. Ky., Senior Judge Bertelsman granted NASCAR summary judgment on the anti-trust claims brought by the Kentucky Speedway, LLC., Case No. 05-138, over NASCAR's refusal to let the Kentucky track have a NEXTEL cup race.

The Court concluded that "a producer of a product is free under current antitrust laws to select its distributors and to refuse to deal with would-be distributors, no matter how worthy or deserving they may be. Even more fundamentally, in order to establish both its antitrust claims, Speedway was required to prove relevant markets through qualified expert testimony as part of its prima facie case. This it failed to do, after being given a sufficient opportunity. Thus, summary judgment is appropriate."

On the second issue, the Court concluded that the plaintiff's expert's testimony flunked the Daubert test.

Here is one small article on the case.

No comments: