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in the united states district court for the - Hoosier Racing Tire

in the united states district court for the - Hoosier Racing Tire

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Case 2:07-cv-01294-TFM Document 263 Filed 09/15/2009 Page 10 of 34<br />

Relevant to this lawsuit is <strong>the</strong> fact that sanction<strong>in</strong>g bodies generally do not buy tires<br />

<strong>the</strong>mselves, but ra<strong>the</strong>r establish <strong>the</strong> parameters of <strong>the</strong> type of tire that may be used <strong>in</strong> a race.<br />

Some rules may def<strong>in</strong>e <strong>the</strong> permissible tire by merely a bead size or o<strong>the</strong>r physical dimension;<br />

o<strong>the</strong>rs may require that <strong>the</strong> tires at one or more wheel locations be a particular type or brand of<br />

tire.<br />

<strong>Tire</strong> rules that do not require a specific brand of tire are called “open tire rules.”<br />

Among <strong>the</strong> many decisions sanction<strong>in</strong>g bodies make <strong>in</strong> promulgat<strong>in</strong>g <strong>the</strong>ir rules are whe<strong>the</strong>r a<br />

particular race should have an open tire rule or a s<strong>in</strong>gle tire rule (or some comb<strong>in</strong>ation <strong>the</strong>reof).<br />

For example, DMS has adopted a <strong>Hoosier</strong> tire rule <strong>for</strong> most of its race tracks and series, but<br />

DMS utilizes an “open tire rule” <strong>for</strong> some of its World of Outlaw races.<br />

A sanction<strong>in</strong>g company determ<strong>in</strong>es what tire rules to run <strong>for</strong> its various races and<br />

makes this decision based on its own self-<strong>in</strong>terest, <strong>in</strong>clud<strong>in</strong>g how best to market its races. A<br />

sanction<strong>in</strong>g body may decide that it wants a s<strong>in</strong>gle tire rule <strong>for</strong> all or most categories of its<br />

races.<br />

<strong>Tire</strong>s are not <strong>the</strong> only components of a race car subject to a s<strong>in</strong>gle source or<br />

manufacturer rule. Sanction<strong>in</strong>g companies make rules that may specify, along with tires,<br />

carburetors, mufflers, or even <strong>the</strong> entire chassis. For example, USAC has a spec eng<strong>in</strong>e rule <strong>for</strong><br />

its Ford Focus Midget Series, which requires that only Ford eng<strong>in</strong>es may be used. URC has a<br />

rule requir<strong>in</strong>g a s<strong>in</strong>gle brand of cyl<strong>in</strong>der heads, <strong>the</strong> manufacturer of which is also a sponsor <strong>for</strong><br />

URC. The International Race of Champions Series Rac<strong>in</strong>g, a series of ten (10) races <strong>in</strong> which<br />

<strong>the</strong> premier drivers from IRL, NASCAR’s Busch Series, and NASCAR’s cup series, specified<br />

that <strong>the</strong> racers would each run on identical cars.<br />

10

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