In a new court processing, NASCAR says 23XI Racing, which Michael Jordan co-owns, is using a “meritless” antitrust lawsuit as a ploy to unjustly get a negotiation do-over and remove “more positive contract terms”.
NASCAR’s antagonism to a movement for accelerated discovery was filed on Wednesday. In response to their request for a primary order, NASCAR will oppose 23XI Racing and Front Row Motorsports ‘ try to speed up the identification process.
As originally detailed, 23XI Racing and Front Row Motorsports have sued NASCAR and its CEO, Jim France, in a North Carolina federal prosecutor for alleged antitrust violations. The issue centers on the use of laws by NASCAR, which guarantee teams a starting spot in NASCAR-approved races and lower their chances of competing on different circuits. According to the plaintiffs, NASCAR has too much command over the best investment racing series and abuses that power to stifle competition and impede opportunities for stock auto racing groups and potential competitors.
The plaintiffs ‘ attorneys, 23XI Racing and Front Row Motorsports, are hopeful that U.S. District Judge Frank D. Whitney will grant an injunction that would enable them to compete as chartered teams and stop NASCAR from enforcing a contract clause ( Section 10.3 ) that releases antitrust claims.
In order to enhance that goal, 23XI Racing and Front Row Motorsports request an order that may require NASCAR to switch over its contract documents, including those relating to the International Speedway Corporation and the Automobile Racing Club of America, as well as contract agreements that forbid teams from competing in non-NASCAR competitions.
The plaintiffs ‘ movement for quicken is described by Tricia Wilson Magee and other Shumaker, Loop &, Kendrick & Latham &, Watkins, NASCAR prosecutors as an unnecessary and unjustifiable hoax. The plaintiffs ‘” true” but implicit goal, according to NASCAR, is to use the antitrust identification process as a tool.
NASCAR insists Jordan’s party wants a chance to enter into contract contracts that the party “previously rejected, and which are no longer available”.
Just as unpleasant, NASCAR asserts, an injunction would successfully remove the antitrust launch clause that 23XI Racing and Front Row Motorsports “previously accepted” and that” all different racing teams accepted in their 2025 Charter Agreements”.
NASCAR emphasizes that since it has contractual obligations with 32 contract team, it has taken measures to proceed. Additionally, NASCAR claims that 23XI Racing and Front Row Motorsports is also competition without a charter—which NASCAR details out they did in the 2023 Daytona 500 and which they’ve” stated formally” they’ll do if needed. NACAR also points out that while the plaintiffs want the court to remove” Section 10.3″ from the charter, they ostensibly “do not mention that Section 10.4 grants Charter Teams reciprocal releases.”
To support its argument, NASCAR asserts that Section 10.3 was n’t raised as a concern during negotiations with the plaintiffs or other charter members and that, “tellingly,” the section “is n’t mentioned in the lengthy correspondence sent by Plaintiffs to NASCAR just a month ago.”
NASCAR also wonders why Section 10.3 is still viewed as being so problematic because it “is exactly the same as the release in Section 10.3 of the 20126 Charter Agreements that both Plaintiffs already signed or assumed” Also, according to NASCAR, 23XI and Front Row Motorsports have signed agreements ( pending NASCAR approval ) to acquire other teams ‘ charters, which include Section 10.3.
NASCAR’s quick allegations that 23XI and Front Row Motorsports” concede the discovery their request is not necessary” by saying their motion for a preliminary junction is already justified
In addition, NASCAR describes the plaintiffs ‘ request for documents going back to 2016 as “incredibly broad” and “improper”, since antitrust claims have a four-year statute of limitations. According to NASCAR, there is also no believable chance that evidence will be destroyed because the organization has “already put a litigation hold in place to preserve relevant materials, including those requested by Plaintiffs.”
The response to NASCAR’s brief has until next Wednesday for Front Row Motorsports and 23XI.