Looking to secure their future in NASCAR, 23XI Racing and Front Row Motorsports have filed a motion for a preliminary injunction, aiming to retain their racing charters for the 2025 season amidst ongoing litigation. Should their request be denied, the teams would be forced to compete as “open” teams, risking substantial financial losses, particularly from missing out on locked-in races such as the prestigious Daytona 500.
The background of this legal tussle hinges on a comprehensive 43-page lawsuit accusing NASCAR of violating the Sherman Antitrust Act of 1890. It specifically targets the organization’s alleged monopolistic tendencies.
Currently, both 23XI Racing and Front Row Motorsports operate two full-time Cup cars each but have ambitions to expand to three cars by 2025.
Jeffrey Kessler, the sports lawyer leading the antitrust lawsuit, said this about the legal battle with the organization.
“What we are arguing here is that NASCAR is a monopoly,” he admitted. “No surprise to NASCAR fans; there is no alternative to NASCAR not just in this country but frankly, around the world.
“And it got its monopoly illegally. The reason it got it illegally is because it tied up all the racetracks in the country. Because it doesn’t let any of the teams compete for any other racing circuit.”
The two teams are pushing for expedited discovery, seeking immediate access to documents from top NASCAR executives including CEO Jim France and other key figures such as Lesa France Kennedy, Ben Kennedy, and Steve O’Donnell, according to Motorsport.com. The upcoming preliminary injunction hearing is crucial, set for Wednesday, October 16.
The teams’ requests focus on several specific documents that shine a light on NASCAR’s decisions, particularly the controversial 2025 charter agreement’s mandatory release provision. They are particularly interested in uncovering details about NASCAR’s decision to stop negotiations with the Team Negotiating Committee and a “take-it-or-leave-it” proposal that they believe underscores restrictive practices. Additionally, they aim to obtain contracts involving independent racetracks, the International Speedway Corporation, and the Automobile Racing Club of America, as well as charter provisions that limit teams’ options in racing and parts use.
In a statement released on Wednesday, both teams expressed their dedication to the 2025 Cup Series season:
“The 23XI and Front Row Motorsports teams are fully committed to competing in next year’s Cup Series.
“Today’s procedural filing is the next step in advancing our case against NASCAR and their monopolistic practices, while protecting our drivers, race teams, and sponsors by establishing our legal right to run in 2025.”
Kessler also added:
“NASCAR’s dominant control over racing is not because of its superior skill or business acumen, but rather its history of exclusionary acts and restrictive agreements that have stifled competition through its monopoly power,” he argued.
“We believe our expedited discovery requests of NASCAR and the France family will shed light on their anticompetitive practices and support a preliminary injunction ruling that 23XI and Front Row Motorsports have a legally protected right to race next year while our antitrust case proceeds in Court.”
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