This past weekend was the busiest in quite some time regarding the 23XI Racing and Front Row Motorsports vs. NASCAR lawsuit.
Here’s everything that happened with the case this week:
- On Wednesday (March 5), NASCAR filed a counterclaim against 23XI and FRM. The sanctioning body alleged, “A conspiracy and agreement and in unreasonable restraint of interstate trade and commerce, constituting a violation of Act 1 of the Sherman Act.”
- In the counterclaim filing, NASCAR asked for an injunction which would strip away guaranteed starting spots for chartered cars, “if the counterclaim defendants (23XI and FRM) persist in seeking to have the charter agreement declared as unlawful under antitrust laws.” The sanctioning body also espoused their belief that the current charter system is “equitable and fair.”
- According to The Athletic, NASCAR is not interested in restructuring the charter agreement, and hence, is uninterested in a potential settlement.
- In the counterclaim, NASCAR labeled 23XI and Front Row as, “an illegal cartel.” Chris Yates, NASCAR’s attorney, said that teams behaved like a cartel when they formed the Race Team Alliance (RTA) in July of 2014. NASCAR alleged that RTA members tried to sway potential ownership groups away from getting involved with Cup Series teams in order to keep charters for themselves.
- Jeffrey Kessler, the representative for 23XI and FRM in the case, released a statement of his own, calling the counterclaim, “a meritless distraction and a desperate attempt to shift attention away from its own unlawful, monopolistic actions.”
- “NASCAR agreed to the joint negotiations that they now attack,” Kessler said. “When those joint negotiations failed, they used individual negotiations to impose their charter terms, which most of the teams decided they had no choice but to accept. My clients’ lawsuit has always been about transforming NASCAR into a more competitive and fair sport for the benefit of drivers, fans, sponsors and teams, because of their love for the sport. Every major sport goes through a transition to competition when antitrust claims are asserted, and that moment has come for NASCAR. Today’s baseless filing changes nothing. We are confident in the strength of our case and look forward to presenting it at trial.”
- Should the case continue, a jury trial is set for December.
A member of the National Motorsports Press Association (NMPA), Samuel also covers NASCAR for Yardbarker, Field Level Media, and Heavy Sports. He will attend the University of Arkansas in the fall of 2025.