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23XI Racing and FRM Holding Ground on NASCAR’s Motion to Throw Out Lawsuit

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Kauy Ostlien

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North Carolina Moonshine and Motorsports Trail

What’s Happening?

Monday afternoon, 23XI Racing and FRM filed a response to NASCAR’s December motion to throw out the team’s antitrust lawsuit. As expected, the two teams are holding their ground.

  • In their filing, the two teams maintain that NASCAR has an unequaled amount of control over stock car racing, leaving them with no other options. This filing is in response to NASCAR’s Dec. 2 motion to dismiss the team’s lawsuit.
  • NASCAR has maintained this opinion of the lawsuit throughout various filings. These claims mostly center around the idea that the teams are upset with the final offer of the NASCAR Charter Agreement. NASCAR stated in their Dec. 2 filing, “Plaintiffs’ complaint reflects nothing more than dissatisfaction with business negotiations that didn’t go their way.”
  • The two teams filed this antitrust lawsuit on Oct. 2. Their claims, which they maintained Monday, include NASCAR buying ARCA, NASCAR purchasing a majority of tracks and allowing exclusivity deals with those tracks, NASCAR not allowing chartered teams to compete in other stock car racing series and NASCAR owning the Next Gen parts and cars while forcing teams to buy from NASCAR’s chosen parts suppliers.

Right now, the two sides are battling over the team’s motion for a preliminary injunction that would allow them to race as Chartered teams throughout the lawsuit. The teams already lost this motion once but re-filed this motion on Nov. 26.

If the judge allows the case to move forward, that will allow for the usual court procedures to take place.

We have covered this lawsuit extensively via the timeline linked below.


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Picture of Kauy Ostlien

Kauy Ostlien

All Posts