NASCAR’s Lawsuit Against Teams DISMISSED: What You Need to Know

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Kauy Ostlien

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What’s Happening?

Judge Kenneth D. Bell has officially dismissed a lawsuit filed by NASCAR against teams Front Row Motorsports, 23XI Racing, and 23XI co-owner Curtis Polk. This story is a side plot with massive implications in the two teams’ ongoing antitrust lawsuit, filed in October 2024.

First and foremost, this decision, which the two sides discussed in court as part of last week’s summary judgment hearing, does not mean that the main lawsuit, filed by 23XI and FRM on October 2, 2024, is over; instead, it marks the end of a countersuit filed by NASCAR in March.

In a statement, 23XI and FRM attorney Jeffrey Kessler said they were “thankful” regarding this dismissal and that “Today’s decision has only reaffirmed my clients’ unwavering pursuit of a more fair and equitable sport.”

On NASCAR’s part, according to a statement from their legal counsel, the sport respects yet disagrees with the legal reasoning of Judge Bell’s dismissal, and “Should a resolution not be reached, we intend to appeal the decision at the appropriate time.”

When and Why Did NASCAR Bring About Their Countersuit?

On March 5, NASCAR filed this countersuit against the two teams and 23XI co-owner Curtis Polk. The suit claimed that these parties committed “anticompetitive collective conduct” during the negotiation period for the 2025 NASCAR Charter Agreement.

Per NASCAR’s claims in the countersuit, this alleged conduct included a potential boycott of the 2024 Duels at Daytona, “negative media campaigns, meetings with at least one NASCAR media partner to affect ongoing NASCAR negotiations for a new media rights agreement, and threats/coercion to other team owners to ‘not break ranks.’”

In NASCAR’s eyes, this collective negotiation effort diminished the impact of individual team-to-team negotiations.

Prior to this lawsuit, Polk was not widely known to the NASCAR audience, as he was easily overshadowed by his fellow co-owners, Denny Hamlin and his long-time business partner, NBA Legend Michael Jordan.

However, one week before all but these two teams signed the 2025 NASCAR Charter Agreement, Polk went viral in the NASCAR community for wearing a sign at the 2024 Southern 500 that read “Please don’t ask me about my Charter. I don’t want to disparage NASCAR and lose it.”

How and Why Was This Countersuit Dismissed?

This countersuit was a major topic in last week’s summary judgment hearing, with both sides presenting their cases to the judge for ruling on certain aspects of the lawsuit, including this countersuit and the overall antitrust lawsuit without a trial.

Despite NASCAR’s claims, Judge Bell ruled in favor of the two teams for multiple reasons, stating that the teams and Polk “did not engage in an unreasonable restraint of trade.”

Regarding the issue of individual versus collective negotiations, Judge Bell ruled that despite the team’s collective actions, NASCAR did conduct individual negotiations “regularly” throughout this period, and these negotiations “achieved concrete results, including the final 2025 Charter agreement that was signed by 13 teams acting individually.”

While this chapter appears to be closed, pending a potential appeal from NASCAR, the larger and more crucial antitrust lawsuit still lies in wait, with both sides prepping for the December 1 trial. We have extensively covered all aspects of this lawsuit via the timeline linked below.

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Picture of Kauy Ostlien

Kauy Ostlien

All Posts