In a unanimous decision released December 11, 2009, the U.S. Court of Appeals for the Sixth Circuit affirmed summary judgment in favor of BSF clients NASCAR and International Speedway Corp. (ISC) in Kentucky Speedway's antitrust case; Kentucky Speedway has since decided to drop its lawsuit and not seek further appeal of the Sixth Circuit’s opinion.
In July 2005, Kentucky Speedway brought monopolization and conspiracy claims against NASCAR and its affiliate ISC seeking more than $1.2 billion in damages. The Eastern District of Kentucky, Northern Division granted summary judgment to NASCAR and ISC stating that Kentucky Speedway was similar to a "jilted distributor" and had failed to define relevant antitrust markets and establish that Kentucky Speedway had suffered antitrust injury. The judge awarded summary judgment to NASCAR and ISC on all claims. The Court of Appeals affirmed the exclusion of plaintiff's expert witnesses and the district court's decision that plaintiff had not offered support to a market consisting only of NASCAR cup races.
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