January 7, 2008. In Kentucky Speedway, LLC v. Nat’l Ass’n of Stock Car Auto Racing, Inc., Civil Action No. 05-138 (WOB), 2008 WL 113987 (E.D.K.y. Jan. 7, 2008), the district court granted summary judgment dismissing plaintiff’s Section 1 and 2 claims. Kentucky Speedway sued because NASCAR refused to sponsor a NEXTEL race at its track. The Court considered it a “jilted distributor” case. It found that Kentucky Speedway failed to come forward with sufficient proof of relevant product market — an essential of element of both its Section 1 and 2 claims. It rejected the proposed relevant markets of a sanctioning market for the NEXTEL race and a hosting market for the same race. It granted NASCAR’s Daubert motion to exclude Kentucky Speedway’s expert because he did no study to determine the cross-elasticity of demand between NEXTEL races and other potential substitutes such as sporting events in general. Rather, Kentucky Speedway’s expert assumed only that a Bush NASCAR race event was a potential substitute.
Feb
25
District Court Dismisses Claims Because of Insufficient Proof of Market Definition
Posted by : February 25, 2008
| On :
Leave a Reply
You must be logged in to post a comment.