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Tumultuous times in NASCAR: Antitrust implications for drivers and teams

Abstract

The National Association of Stock Car Auto Racing (NASCAR) is experiencing a decline in fans, TV viewers and sponsorship revenues. The current state of the sport has motivated drivers and teams to create organizations that may lead to collective bargaining attempts. Collective bargaining is governed by federal antitrust law. This rhetorical analysis presents legal case studies in NASCAR’s prior attempts to manage sanctioning of national championship racing events, which led to restraint of trade and antitrust litigation. Implications for the future actions of facilities, drivers, teams and sanctioning bodies can be tested through the definition of antitrust and fair competition in the marketplace.

Introduction

The predominant stock-bodied auto racing sport in the United States is the National Association of Stock Car Auto Racing (NASCAR). It was created in 1948 by patriarch Bill France, Sr. and remains a private business...

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