Federal Judge Dismisses NASCAR’s Claim Against Two Teams in Antitrust Lawsuit
On Tuesday, a federal judge dismissed NASCAR’s counterclaim against the two teams suing the racing series over allegations of anti-competitive practices. United States District Judge Kenneth Bell issued the summary judgment in favor of 23XI Racing and Front Row Motorsports, dismissing NASCAR’s claim that 23XI co-owner Curtis Polk illegally conspired with other teams during negotiations to obtain new bylaws. 23XI is also owned by Michael Jordan, a member of the NBA Hall of Fame, and Denny Hamlin, a three-time Daytona 500 winner, while Polk has been Jordan’s long-time business manager. Polk was also part of a four-member negotiating team that worked with NASCAR for more than two years on the charter agreement signed by 13 of the 15 organizations last year. NASCAR argued in its counterclaim that a 2023 boycott of the meeting of the team owners council negatively impacted media rights negotiations and that, by the 15 organizations joining for the charter talks, the teams obtained a better deal than they would have gotten if NASCAR had negotiated with them separately. Bell determined that the boycott was a negotiation tactic “that seemed to have little impact” because NASCAR initiated individual negotiations shortly thereafter. Bell also determined that 23XI and FRM did not participate in an “unreasonable restraint of trade” because NASCAR’s individual meetings with the teams did result in some changes to the charter agreement, and since all charter agreements would be the same among all teams, that the teams working together in negotiations would be reasonable.Bell must also rule on two other motions for summary judgment, one from NASCAR seeking a ruling in its favor and another from 23XI and FRM to designate the market as “premier stock car racing.” Two days of mediation last week failed to end this dispute and the case is still scheduled for a trial date of December 1 in North Carolina. 23XI and FRM are the only two organizations out of 15 that refused to sign charter extensions, which are the core of NASCAR’s business model. A car with a charter is guaranteed income and access to weekly races, and without them both teams say they would almost certainly go bankrupt.The evidence here establishes that not only were individual negotiations ‘available,’ but NASCAR had such negotiations regularly during the negotiation period. And, those individual negotiations achieved concrete results, including the final 2025 charter agreement that was signed by 13 teams acting individually (and contrary to the supposed ‘joint agreement’).
Judge Kenneth Bell
NASCAR said in its statement that it still has hopes for a deal. The season ends with Sunday’s championship final in Phoenix and Hamlin is one of the four drivers eligible for the Cup title.Today’s decision has only reaffirmed my clients’ unwavering pursuit of a fairer and more equitable sport. Their determination remains strong as we continue our efforts to achieve a resolution that benefits everyone: teams, drivers, employees, partners, and fans.
Jeffrey Kessler, 23XI/FRM attorney
If a resolution is not reached, we intend to appeal the decision at the appropriate time.We respect the Court’s decision, although we respectfully disagree with its legal reasoning. Our priority remains resolving this matter quickly so that all parties can focus on championship weekend and continue to grow the sport.
NASCAR Statement
