Type: News
Date: 01/14/2008

Taft Client, International Speedway Corporation, Crosses the Finish Line with Summary Judgment

Taft antitrust lawyers assisted International Speedway Corp. (ISC) in obtaining summary judgment in an antitrust case filed in U.S. District Court for the Eastern District of Kentucky by Kentucky Speedway, LLC.

In 2005, Kentucky Speedway sued National Association for Stock Car Racing (NASCAR), which sanctions stock car races including its NEXTEL Cup series, and ISC, which owns 12 speedways that host 19 of the 36 NEXTEL Cup series races, for monopolization, attempted monopolization, and conspiracy.  Kentucky Speedway alleged that the Defendants had deprived the Speedway of an opportunity to host a NEXTEL Cup race.

On January 7, 2008, U.S. District Judge William O. Bertelsman granted summary judgment (see a copy of the Court’s Opinion) on all claims, confirming the right of sports leagues “to refuse to deal with would-be distributors.”  The Court ruled that the Speedway had not suffered antitrust injury and failed to establish a relevant product or geographic market.  The Court also granted the Defendants’ motion to exclude the testimony of the Speedway’s economic experts on Daubert grounds.

Leading the Taft team were partners G. Jack Donson, Chair of the firm’s Antitrust Practice Group, and Robert B. Craig, head of the firm’s Kentucky Practice Group.  Other Taft attorneys involved in the case included Jeanne M. Cors and Aaron M. Herzig.  Taft attorneys worked with lawyers from Fulbright & Jaworski, LLP on behalf of ISC, and with lawyers from Boies, Schiller & Flexner LLP and Frost Brown Todd, LLP, who both represented NASCAR, in obtaining this result.

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