Kentucky Speedway's lawsuit with ISC dismissed

In a response to a request for summary judgment, U.S. District Judge William O. Bertelsman on Monday dismissed Kentucky Speedway's $400 million antitrust lawsuit against NASCAR and International Speedway Corp.

The crux of Bertelsman's written ruling was that the speedway failed to make its case that NASCAR and International Speedway Corp. had conspired to deny the racetrack event dates in NASCAR's top series, Sprint Cup (which was called Nextel Cup when the lawsuit was filed in 2005).

Kentucky Speedway, located in Sparta, about 40 miles southwest of Cincinnati, has hosted races in the Nationwide Series and Craftsman Truck Series.

NASCAR, stock-car racing's foremost sanctioning body, is a privately held entity founded by Bill France Sr. and controlled by the France family, with Brian France currently serving as chairman and CEO. The France family also holds controlling interest in publicly traded ISC, with Jim France serving as chairman. ISC operates 12 tracks, which host 19 of the 36 Cup races.

"NASCAR is very pleased by the U.S. District Court's ruling to dismiss this case," NASCAR spokesperson Ramsey Poston said. "It puts an end to any question about which locations and dates NASCAR can operate its races. 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."

A trial, which was scheduled for March, no longer will take place, unless Kentucky Speedway appeals Bertelsman's ruling and prevails.

In response to the decision in the antitrust suit, Stanley Chesley, attorney for Kentucky Speedway stated: "We are disappointed in the Court's decision, both 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 toward Kentucky Speedway.

"We are convinced that there are serious issue of both fact and law, and we intend to appeal."

NASCAR expects scheduled races in the Nationwide (June 14) and Truck series (July 12) to take place at Kentucky Speedway as planned.