Kentucky Speedway plans to appeal Monday’s ruling by a federal court judge dismissing its $400 million anti-trust lawsuit against NASCAR and International Speedway Corp.
U.S. District Court Judge William O. Bertelsman dismissed the suit, saying the owners of the Kentucky track had failed to make a case that NASCAR and ISC conspired to deny it and other tracks Sprint Cup Series race dates.
“We are disappointed in the court's decision 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,” said Stanley Chesley, an attorney for Kentucky Speedway.
“We are convinced that there are serious issue of both fact and law.”
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The track – which does have races in the Nationwide and Craftsman Truck series – argued that NASCAR, a privately held company, and ISC, a publicly traded company, unfairly kept tracks not owned by ISC from getting Cup races.
ISC owns 12 tracks that host 19 of the 36 points races on the current schedule. Both ISC and NASCAR are controlled by the France family.
NASCAR spokesman Ramsey Poston hailed Bertelsman’s decision.
“It puts an end to any question about which locations and dates NASCAR can operate its races,” Poston said. “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.”