What’s Happening?

Wednesday morning, 23XI and Front Row Motorsports filed an antitrust lawsuit against NASCAR. While the teams are up front about their plans, the filing of the lawsuit reveals more than meets the eye. Via a copy of the lawsuit, 23XI states that it is the buyer of the final Stewart-Haas Racing Charter.

• Stewart Haas Racing shook up the NASCAR Silly Season by announcing its closure on May 28. In doing so, the team is distributing three of its four Charters. Two buyers already emerged: Front Row Motorsports, the other team in the antitrust lawsuit, and Trackhouse Racing.
• Many insiders expected 23XI Racing to be the final buyer of an SHR Charter. Furthermore, Riley Herbst and his sponsor, Monster Energy, were predicted to drive the third car. However, this rumored plan fell apart when 23XI held out on signing the new Charter Agreement.

It now appears, however, that 23XI had, in fact, agreed to buy that third SHR Charter. Via page 12 of the lawsuit against NASCAR:

“23XI is currently in the process of acquiring a third charter. 23XI and StewartHaas Racing, LLC entered into a purchase agreement on Aug. 7, 2024, but the transaction is still in escrow and requires approval from NASCAR. In the interim, Stewart-Haas Racing, LLC signed NASCAR’s 2025 Charter Agreement.”

Furthermore, on page 13, the suit states that Front Row Motorsports, the known buyer of an SHR charter, is in the same boat as 23XI:

“In May 2024, Front Row purchased a third charter from Stewart-Haas Racing, but the transaction is in escrow and requires approval from NASCAR. In the interim, Stewart-Haas Racing, LLC signed NASCAR’s 2025 Charter Agreement.”

• While 23XI and Front Row Motorsports agreed to buy their Charters prior to the signing of the new Charter Agreement on Sept. 9, the suit states that those deals have yet to go through. The decision is up to NASCAR, the team’s opponent in the courtroom, who has to approve the sale.
• If 23XI does acquire the third Charter, both it and FRM plan to file an injunction that would allow the two to race its Chartered entries in 2025. However, it is unclear if 23XI and Front Row Motorsports will get this planned injunction.

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