The antitrust lawsuit case between 23XI Racing and Front Row Motorsports versus NASCAR continued this week with just two filings, one of which was sealed. The public file, however, contained new information regarding NASCAR’s side against 23XI Racing and Front Row Motorsports and some insight on what the series hopes to do with those charters.
Here’s a breakdown of what happened this week.
- The two filings were submitted on Aug. 18. One included 106 pages, and the other was filed under seal.
- In the filing, NASCAR made its case opposing the most recent preliminary injunction request filed by the teams on July 14. Some of the points of opposition remain the same, but there are some new details – and some new meanings.
- NASCAR’s first point is that 23XI/FRM “are assured entry for six ‘open’ cars in all remaining 2025 NASCAR Cup Series Races, and running those races open causes them no irreparable harm,” adding that NASCAR is only “choosing who it wants to do business with.”
- It should be noted that NASCAR did add a rule earlier this year that guaranteed these cars would qualify for the rest of the season.
- The second and third points have been made before, as NASCAR is trying to say that the teams are asking the court to force the series to do business after refusing to do business via the charters. NASCAR also adds that the teams cannot show a likelihood of success.
- NASCAR said the 2016 Charters increased payments to teams by 26%, and the 2025 Charters increased payments to teams by 62%
- NASCAR claimed it “pays a higher percentage of its operating income to Charter Teams than Formula One pays to its teams.”
- In the fourth point, NASCAR said that an injunction would prevent them from bidding the existing Stewart-Haas Racing charters to other teams, claiming that this prevention is causing harm to the series, current charter holders, and other NASCAR stakeholders.
- “There are many eager potential entrants who want to obtain Charters, including organizations from other motorsports who recognize the value that NASCAR offers and want to help grow the sport for the betterment of fans, media partners, tracks, NASCAR, and Charter Teams,” the filing said.
- NASCAR added that these details need to be worked out now so potential entrants can be ready in time for the 2026 season, claiming that the next season would be irreparably harmed if the injunction is granted.
- The filing then moves into the argument section, repeating many of the points made in the first two injunction oppositions.
- To note, NASCAR claimed the teams did not give “a single instance of a stock car racing series that was actually excluded by supposedly anticompetitive acts of NASCAR,” even pointing to “other stock car series such as the CARS Tour.”
- The filing also included a declaration from Steve Phelps, as well as 54 items filed under seal.
Caleb began sports writing in 2023 with The Liberty Champion, where he officially covered his first NASCAR race at Richmond in the spring. While there, Caleb met some of the guys from Frontstretch, and he joined the video editing team after graduating from Liberty University with degrees in Strategic Communications and Sports Journalism. Caleb currently work full-time as a Multi-Media Journalist with LEX 18 News in Lexington, Kentucky and contributes to Frontstretch with writing and video editing. He's also behind-the-scenes or on camera for the Happy Hour Podcast, live every Tuesday night at 7:30!