Appeals Court Upholds Decision in Kentucky Speedway v. NASCAR et al.

On December 11, 2009, the United States Court of Appeal for the Sixth Circuit affirmed the District Court decision to grant summary judgment against Kentucky Speedway.  The District Court had held, inter alia, that “there was insufficient evidence supporting KYS’s definitions of the Hosting and Sanctioning Markets” and as a result, KYS could not prove anticompetitive conduct.  Dan Rascher and Andy Schwarz assisted counsel to the joint Defendants, providing analysis of Plaintiff’s experts.

The Decision can be found at:http://www.ca6.uscourts.gov/opinions.pdf/09a0420p-06.pdf

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