NASCAR Claims Injunction is “A Masterclass in Contradiction” In Latest Filing

What’s Happening?

On Wednesday, both NASCAR and 23XI Racing and Front Row Motorsports filed more responses as part of the teams’ ongoing preliminary injunction and expedited discovery requests. While 23XI/FRM’s filing was interesting, NASCAR’s response to the team’s request for a preliminary injunction was extremely striking. Here are some quick hits from those documents.

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NASCAR Preparing to Revoke 23XI and Front Row Charters

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• On Oct. 2, 23XI Racing and Front Row Motorsports sued NASCAR on antitrust grounds. This suit is ongoing and already revealed several shocking pieces of information.
• Both sides sent responses yesterday, with NASCAR’s 25-page response coming to light late in the evening. As reported Wednesday morning, the two sides have agreed to redact information related to the NASCAR Charter Agreements, “highly sensitive commercial financial information,” and other legal documents.
• In the response from 23XI/FRM, the two teams replied to NASCAR’s claims as to why the two should not receive expedited discovery. The two claim that the documents they are seeking are “highly relevant documents.” These six documents address the initial concerns raised by the lawsuit, such as NASCAR’s purchase of ARCA and ISC. The two further defend themselves by claiming their request is timely, with it being filed on Oct. 9.
• In its response, NASCAR claims that the two teams’ request for a preliminary injunction not only contradicts their antitrust goals but also breaks the status quo. NASCAR claims the two dismantled their antitrust argument by wanting to be part of the charter system via this injunction, all while simultaneously scrutinizing a system they believe is anti-competitive.
• This preliminary injunction would allow 23XI and FRM to race as chartered teams throughout the antitrust lawsuit. However, this would be with a few changes to the agreement. Of course, this injunction would be beneficial, as it would allow the two to run their multi-million dollar charters while continuing their antitrust lawsuit. The hearing for this preliminary injunction will be on Nov. 4.
• NASCAR further claims that the two request “extraordinary relief that disrupts the status quo.” They state this is because the injunction would force NASCAR into an “unwanted” agreement with the two teams. This agreement would disrupt NASCAR’s planning for the 2025 season, which does not include the team’s four charters.

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