Here’s What Happened in the 23XI/FRM vs. NASCAR Antitrust Case This Week (Oct. 18-24)

It was another busy week in the courtroom this week between 23XI Racing, Front Row Motorsports and NASCAR.

Here’s your latest rundown of the proceedings, which included an in-person summary judgment on Oct. 23.

  • On Oct. 20, NASCAR and the teams presented their replies for the motion on a prior summary judgment. The teams argued that there is no substitute for NASCAR racing in regard to the sanctioning body being a monopoly.
  • A settlement conference took place between the two parties on Oct. 21. Also, the Drivers Advisory Council asked to file a brief in the case.
  • The DAC then issued a statement: “With the impending mediation, the DAC is concerned any potential agreement regarding the charter structure or revenue in the sport will impair the rights and interests of the drivers and threaten their overall security.”
  • 23XI/FRM attorney Jeffrey Kessler said on Oct. 21 that the settlement talks would continue on Oct. 22.
  • On Oct. 22, Kessler confirmed that the summary judgment hearing was still set for Oct. 23 but did not comment regarding the result of the settlement talks.
  • The summary judgment hearing took place on Oct. 23. During the hearing, NASCAR asked for a complete ruling in its favor, while the teams asked for a few aspects of the case to be ruled in their favor. Rulings from the summary judgement are expected in the coming weeks.
  • In a statement, Kessler said, “My clients’ goal has always been to provide opportunities for growth and stability for every team and they remain steadfast advocates for a fairer, stronger sport. Today’s hearing confirmed the facts of NASCAR’s monopolistic practices and showed NASCAR for who they are — retaliatory bullies who would rather focus on personal attacks and distract from the facts. My clients have never been more united and committed to ensuring a fair and competitive sport for all teams, partners, drivers and fans. We’re going to trial to hold NASCAR accountable.”
  • Judge Bell noted during the summary judgment that he would allow the DAC to file a brief in the case.
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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.

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