In a bid to secure their future in NASCAR, 23XI Racing and Front Row Motorsports have requested a preliminary injunction to keep their racing charters for the 2025 season. This legal action comes amid ongoing litigation, which, if unsuccessful, would compel the teams to race as “open” entries, potentially leading to major financial setbacks, especially by missing out on events like the Daytona 500.
This dispute stems from a detailed 43-page lawsuit that accuses NASCAR of breaching the Sherman Antitrust Act. The suit criticizes NASCAR for allegedly exercising monopolistic control over the sport.
Currently, both teams field two full-time Cup cars, with intentions to expand to three by 2025.
Jeffrey Kessler, the sports attorney representing the teams, has articulated their case, stating:
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“Our position is that NASCAR operates as a monopoly,” he remarked. “This isn’t new to NASCAR fans; there’s essentially no alternative to NASCAR in the U.S. or globally.”
“NASCAR obtained this monopoly via illegal means, mainly by tying up all the racetracks and preventing teams from competing in other circuits.”
The teams are striving for expedited discovery, seeking quick access to documents from NASCAR executives, including CEO Jim France and other key personnel. A critical hearing for the preliminary injunction is slated for Wednesday, October 16.
They are particularly interested in uncovering NASCAR’s decisions surrounding the controversial 2025 charter agreement and its implications. The teams are eager to access contracts involving independent tracks, the International Speedway Corporation, and the Automobile Racing Club of America, along with provisions affecting teams’ racing options and parts usage.
In a joint statement, both teams underscored their commitment to the 2025 Cup Series season:
“The 23XI and Front Row Motorsports teams are dedicated to participating in next year’s Cup Series. This filing is a step forward in our case against NASCAR’s monopolistic practices, ensuring the protection of our drivers, crews, and sponsors as we assert our legal right to compete in 2025.”
Kessler added,
“NASCAR’s dominance isn’t simply due to better skills or business savvy, but rather a history of exclusionary practices that limit competition through monopolistic control.”
“We believe that our quest for expedited discovery will reveal NASCAR’s anticompetitive behaviors and support our case for a ruling that affirms 23XI and Front Row Motorsports’ right to race while our antitrust litigation progresses.”