What’s Happening?
23XI Racing and Front Row Motorsports have filed their long-awaited preliminary injunction against NASCAR. This injunction would allow the two plaintiffs, 23XI and FRM, to race as Chartered teams in 2025.
- 23XI and FRM sued NASCAR after they refused to sign the 2025 NASCAR Charter Agreement. The two were the only chartered teams out of 15 that did not agree to NASCAR’s new Charter terms. However, those who signed may not have personally agreed with the terms, as there are reports that NASCAR pressured teams to sign.
- The suit emerged last week via a joint press release from 23XI and FRM. The two claim that NASCAR violates antitrust laws by operating an illegal monopoly over stock car racing. Claims against NASCAR include its track ownership and its ownership of its former competitor, ARCA, among other issues.
- The two parties announced their intention to file this injunction in the lawsuit last week. According to the lawsuit, the injunction would allow the two to operate as Chartered teams next season “without being subject to any claim by Defendants that Plaintiffs have relinquished their antitrust claims against Defendants.” This means that they would be bound to the 2025 Charter Agreement. However, without worrying about NASCAR claiming that they have waived their antitrust suit.
- Alongside this, FRM/23XI requested expedited discovery, which would allow them access to NASCAR’s in-house documents and files involving the charter negotiations and its purchase of ARCA and International Speedway Corporation. The filling today also released new information about the process, including letters from NASCAR and the two teams, which Bob Pockrass of Fox Sports has posted in an in-depth thread on X.
In the team’s joint press release, their lawyer, Jeffrey Kessler, said:
“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. 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,” — Jeffrey Kessler
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