23XI and FRM sends stern reiteration to NASCAR, slams them with ‘controlling’ allegations
Amid the ongoing charter dispute between NASCAR and 23XI Racing and Front Row Motorsports (FRM), NASCAR journalist Bob Pockrass shared an update on the new filings by both teams. On Monday (December 16), they filed a response to NASCAR’s motion to dismiss the team’s antitrust lawsuit as they believe the lawsuit should not be dismissed.
In their filing, the plaintiff argue that NASCAR has monopolistic control over the stock car racing market that left no option for them. The plaintiff believes that the sanctioning body controls the tracks, which limits other stock car racing series from competing, as well as the costs and suppliers for the Next Gen car. As a result, both teams have no viable alternative if they want to continue racing in a different competitive stock car series.
On X, Bob Pockrass wrote:
“23XI/FRM has filed brief opposing NASCAR motion to dismiss. Reiterates b/c NASCAR controls tracks (sanction agreements prohibit similar stock-car races) & controls Next Gen supplier/costs, it controls the market. Claim a team can't just change operations to other racing series.”
NASCAR’s December 3 motion to dismiss the team’s lawsuit, stating that it was filed due to “dissatisfaction with business negotiations that didn’t go their way.”
Michael Jordan-owned 23XI reacts to NASCAR’s ‘mischaracterization’ claims amid legal battle
23XI and FRM Cup Series teams are looking for a preliminary injunction to allow them to sign as a charter team for the 2025 season. They have already lost the motion and refiled the motion on November 26 for a preliminary injunction, citing new circumstances.
If the judge permits the case to move forward, that will permit the normal court procedure to take place.
Amidst talk of a NASCAR lawsuit dismissal, teams didn’t hold back as expected and issued a response to NASCAR’s ‘mischaracterization’ claims.
The plaintiffs said (via Sportsnaut.com):
“Defendants (NASCAR) motion to dismiss is a fantasy. It is based on their contested version of the facts, instead of the Complaint’s allegations. It is also based on a mischaracterization of Plaintiffs (23XI/Front Row) legal claims, a mischaracterization of the relevant input market, and a mischaracterization of governing law. It is draped in rhetoric about this being a contractual dispute when Defendants know that the Complaint is alleging facts plausibly showing Defendants’ unlawful maintenance of monopoly.”
Michael Jordan and Denny Hamlin owned 23XI Racing, and Bob Jenkins owned FRM, which likely may have to compete as open teams next season, and if this happens, it will cause a financial setback to both teams.