NASCAR Counterclaim Could See More Teams Brought Into 23XI and FRM Lawsuit

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Kauy Ostlien

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What’s Happening?

According to a new ruling, NASCAR will be able to amend its March 5 counterclaim in its ongoing lawsuit with 23XI and FRM. Furthermore, the court is now asking the two sides if there is a reason to add additional chartered teams to the suit.

  • On Apr. 17, NASCAR, currently a defendant in an antitrust lawsuit from two of its teams, 23XI Racing and Front Row Motorsports, asked the court if it could enter additional evidence obtained via discovery for a counterclaim filed on Mar. 5 . Now, the Judge has ruled that NASCAR will be allowed to do so.
  • With this amendment to the counterclaim, NASCAR hopes to prove that the two teams colluded with other NASCAR teams to obtain favorable terms during charter negotiations. The Judge further asked both the teams and NASCAR if these other teams are required parties that should be added to the lawsuit per Rule 19 of the Federal Rules of Civil Procedure.
  • NASCAR’s Mar. 5 counterclaim initially alleged collusion in violation of Section 1 of the Sherman Act on the part of 23XI, FRM, and 23XI investor Curtis Polk. NASCAR claimed their actions were a “plot to use collusive behavior to extract more favorable commercial terms from NASCAR in the Charter negotiations.”
  • Unrelated to this now newly amended counterclaim, the two sides of the initial Oct. 2 antitrust lawsuit will meet in the federal appeals court Friday. This appeal is in relation to a Dec. 18 ruling, later appealed by NASCAR, that awarded 23XI and FRM charter status for the 2025 NASCAR Cup Series season.
  • We have covered the countersuit and the entire storyline of the initial lawsuit via the timeline linked below.

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Picture of Kauy Ostlien

Kauy Ostlien

All Posts