January ruling expected in NASCAR dispute

BETH MUSGRAVE / McClatchy Newspapers

Tuesday, Nov. 20, 2007

COVINGTON, Ky. -- A federal judge said Monday he will probably decide after Jan. 1 whether Kentucky Speedway may proceed with a lawsuit alleging that NASCAR and International Speedway Corp. have conspired to keep the Sparta track from getting a lucrative Nextel Cup race.

In the lawsuit, filed in July 2005, Kentucky Speedway alleges that NASCAR has violated antitrust laws because the majority of Nextel Cup races are held on International Speedway tracks. NASCAR and International Speedway are both controlled by members of the France family, whose patriarch, Bill France, started NASCAR.

"We have presented ample evidence that NASCAR has monopoly power," Stephen Susman, an attorney for the track, said during a federal court hearing in Covington.

But, in court documents asking that the case be dismissed, attorneys for NASCAR and International Speedway say that, after two years of discovery, Kentucky Speedway cannot show that NASCAR or International Speedway conspired to keep the Gallatin County track or any other independently owned tracks out of the Nextel Cup race circuit.

"There is no evidence that NASCAR wanted to reduce the number of independent tracks," said David Boies, an attorney for NASCAR and International Speedway.

Boies noted that Kentucky Speedway hosts two lower-tiered NASCAR-sanctioned events -- the Busch series and the Craftsman truck series. Moreover, Boies argued, NASCAR has developed a popular and sought-after product -- the Nextel Cup. But just because a product is successful does not mean that it qualifies as a monopoly. And just because someone wants that product doesn't mean they should get it, Boies said.

Kentucky Speedway attorneys said in court yesterday they have evidence that John Saunders, executive vice president of International Speedway, has said that independent tracks are a threat to the organization.

International Speedway has also sought to get the case thrown out on the grounds that it does not have operations in Kentucky.

Kentucky Speedway is asking for more than $400 million in damages and wants a Nextel Cup race.

After a hearing of more than two hours, Bertelsman said he will not rule until after Jan. 1. If the case goes forward, a trial has tentatively been scheduled for March.

NASCAR, in court documents, has said it might call some of the biggest names in racing to testify on its behalf, including drivers Jeff Gordon and Tony Stewart.

"If you settle, you won't hurt my feelings," Bertelsman said. Both sides indicated during the hearing that a settlement was unlikely.

(c) 2007, Lexington Herald-Leader (Lexington, Ky.).

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