In their judge case against NASCAR, Front Row Motorsports and 23XI Racing expanded their request for a preliminary injunction that would allow them to compete as de facto certified teams in 2025 despite no signing the NASCAR contract agreement in a small filing on Wednesday. Additionally, they want to put a legal release on their competitive claims on hold.
23XI Racing and Front Row Motorsports “are separate companies”, defendants ‘ attorney Jeffrey Kessler wrote in a small obtained by Sportico. These two groups, which accuse NASCAR of violating competitive rules in a lengthy filed federal case, are” no joint venture people of NASCAR”, Kessler insisted.
Kessler’s portrayal of his clients as simple independent companies, which in this context refers to self-employed businesses that compete in NASCAR-sanctioned competitions on a legal basis, is a part of a effort to discredit NASCAR’s claim that it should be treated equally when establishing rivals and eligibility criteria, just like other sports teams. According to Kessler, who has worked for Tom Brady and the NFLPA in court cases, “NASCAR don’t rely on combined walk case law.”

Collectively with participants ‘ organizations representing unionized people who are employed by teams, the NFL, NBA, and various leagues are cooperative ventures of independently owned businesses. Courts have permitted joint venture leagues to dismiss young owners, put in place equipment regulations, and put in place a number of other measures to stifle competition. The main logic, authorities have reasoned, is that while teams in joint walk leagues are competing businesses, some degree of coordination through a group is practical and acceptable.
Kessler says those circumstances are” of no impact” to NASCAR, since its sporting teams are neither businesses nor composed of salaried workers. Jordan is acutely aware of these structural similarities: The basketball star was, of course, an NBA player and after an NBA team user.
The attorney also points out that NASCAR “does not dispute” that its Cup Series is” the only premier stock racing series” that 23XI Racing and Front Row Motorsports can compete in. Kessler draws a conclusion based on that assertion that NASCAR has “monopoly power” to stop racing teams and track competition. According to Kessler, these facts should be considered as crucial to ensuring that his clients can compete in world-class stock car racing.
Kessler’s arguments are only one side of the debate. NSCAR has asserted that its charter system is voluntarily negotiated with teams and promotes a competitive product that, according to empirical evidence, both consumers and television viewers enjoy. Additionally, NASCAR’s use of competition restrictions is arguably in line with joint venture sports leagues as well as with UFC, the PGA Tour, and other sports organizations that feature independent contractor athletes.
U. S. District Judge Frank D. Whitney will weigh both sides ‘ arguments in deciding whether to grant an injunction. The more complex antitrust case may be on the court for many months or even longer. Both sides have the financial wherewithal to play the “long game” with antitrust litigation, which can last years.