Two NASCAR Cup Series teams are suing the sanctioning body and its CEO Jim France over “anti-competitive practices to prevent fair competition in the sport,” according to the lawsuit.
Front Row Motorsports and 23XI Racing filed the antitrust lawsuit in the Western District of North Carolina against the preeminent stock racing series in the nation after charter negotiations ended Sept. 6.
“We share a passion for racing, the thrill of competition, and winning,” the teams said in a joint statement. “Off the racetrack, we share a belief that change is necessary for the sport we love. Together, we brought this antitrust case so that racing can thrive and become a more competitive and fair sport in ways that will benefit teams, drivers, sponsors, and, most importantly, fans.”
Both teams, which field a total four cars in the series, were the only holdouts of the current charter teams not to sign after the NASCAR-imposed deadline in September passed. With no agreement in place for FRM and 23XI for 2025, the teams run the risk of losing the charters.
23XI co-owner Denny Hamlin has been one of the most vocal critics during negotiations and has been clear in his disagreement with how the process went.
“It’s actually pretty simple, in my opinion,” Hamlin said. “When I look around, I see that the best and most competitive sports in the world understand that when teams thrive, fans benefit, and that everyone who invests in making the sport a success should share fairly in that success. With the right changes, we can certainly make that a reality in racing.”
NBA Hall of Famer Michael Jordan is also part of the lawsuit as co-owner of 23XI.
“Everyone knows that I have always been a fierce competitor, and that will to win is what drives me and the entire 23XI team each and every week out on the track,” Jordan said. “I love the sport of racing and the passion of our fans, but the way NASCAR is run today is unfair to teams, drivers, sponsors, and fans. Today’s action shows I’m willing to fight for a competitive market where everyone wins.”
Further the teams added in their statement: “NASCAR and the France family operate without transparency, have stifled competition, and control the sport of stock car racing in ways that unfairly benefit them at the expense of team owners, drivers, sponsors, partners, and fans, through the following anti-competitive practices:
- Buying a majority of the premier racetracks that are exclusive to NASCAR races;
- Imposing exclusivity deals on NASCAR-sanctioned racetracks;
- Acquiring Automobile Racing Club of America (ARCA), the only notable stock car racing series competitor;
- Preventing teams from participating in any other stock car races, while also retaining ownership over Next Gen parts and cars; and
- Forcing teams to buy their parts from single-source suppliers chosen by NASCAR.
“No other major professional sport in North America is run by a single family that enriches themselves through these kinds of unchecked monopolistic practices.
“Central to the lawsuit are the original NASCAR charters adopted in 2016 and the recently updated 2025 agreements, which the 23XI and Front Row Motorsports teams did not sign because of the unfair terms. After more than two years of attempted negotiations over the 2025 agreements, during which NASCAR continually stonewalled and refused to engage constructively, we concluded that litigation was the only way to address the anti-competitive practices of NASCAR and the France family.
“In the coming days, we will file a preliminary injunction to enable our teams to race in the next calendar year under the 2025 charter agreement, while continuing to pursue our antitrust litigation. The filing will seek discovery from both NASCAR and Jim France related to their exclusionary practices and intent to insulate themselves from any competition. 23XI Racing and Front Row Motorsports will seek treble damages for the anti-competitive terms that teams have been subject to under the 2016 charter agreement.”
23XI was founded in 2020 by Hamlin, Jordan and Curtis Polk, and FRM is owned by Bob Jenkins and has been racing full time since 2005.
23XI and FRM have retained Winston & Strawn LLP as legal counsel, led by Jeffrey Kessler.
Tom is an IndyCar writer at Frontstretch, joining in March 2023. Besides writing the IndyCar Previews and frequent editions of Inside IndyCar, he will hop on as a fill-in guest on the Open Wheel podcast The Pit Straight. A native Hoosier, he calls Fort Wayne home. Follow Tom on Twitter @TomBlackburn42.