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realf1. if it was that clear cut, there would be no tribunal! you seem to overlook the basic sporting codes which specifically prohibit teams taking part in any test, unless using a car that is substantially different to the current car.
as many others have pointed out, other teams have abided by the rules. these teams would be falling over themselves to avail of "private" tests.
merc themselves are doing NOTHING to support brawn. that says it all, doesn't it?