Judge declares NASCAR “possesses monopoly power” in USA’s only premier stock car racing league, states ‘full control’ is being exercised
Judge Kenneth D. Bell ruled against NASCAR, overturning the verdict passed by the preceding Judge, Frank D. Whitney. However, not only did he grant the preliminary injunction to 23XI Racing and Front Row Motorsports to race as chartered teams in 2025 and instructed the sanctioning body to allow the charter transfer from Stewart-Haas Racing, but he also made one thing clear about NASCAR, that it exercises a monopoly in stock car racing.
December 18 was a momentous day for 23XI Racing and FRM. After being denied to race as chartered teams in the upcoming Cup Series season, the teams have been permitted to own a charter until at least the end of the 2025 season.
Moreover, the teams have argued since the beginning, saying that NASCAR has used its monopoly for antitrust practices, preventing teams with a charter from suing the sanctioning body. Now, Judge Bell has found 23XI and FRM's claims to be accurate and stated NASCAR does have a monopoly in the "premier stock car racing series in the United States."
He also outlined that Formula 1 and IndyCar are different forms of motorsports altogether and cannot be "substituted" for stock car racing.
“The Court finds that NASCAR possesses monopoly/monopsony power in the relevant market, which is the market for premier stock car racing teams in the United States. NASCAR’s Cup Series is the only premier stock car racing series in the United States, and premier stock car racing is a distinct form of automobile racing with unique cars and highly specialized racing teams for which other types of motorsports like Formula 1 and IndyCar are not substitutes."
"Therefore, NASCAR fully controls which race teams can compete at the highest level of stock car racing – effectively, it has a 100% market share,” an excerpt of the verdict reads via On3.
The defendants filed a motion to stay the injunction order and two additional motions, one of which is an emergency.
Judge sets NASCAR lawsuit timeline as the teams are set to race with charters in 2025
Judge Kenneth D. Bell has set December 1, 2025, as the trial date for the antitrust lawsuit. The first step of the new timeline trial will begin on January 8, when the court will deliver its verdict on NASCAR's motion to dismiss the case.
Two days later, the parties will undergo Federal Rule 26 disclosure, wherein they'd have to submit supporting documents, like witness testimony, agreements, damages, and more, before requesting the issuance of a discovery request. On January 31, a mediator will be assigned and nearly two months later on March 15, the amendment of the pleadings will happen.
June 30 will mark the closure of facts discovery -indicating the request for producing discoveries will end. It will be followed by the completion of discovery by September 19 -depicting all steps involved in information accumulation have finished.
A mediation report with key details of the lawsuit would be submitted on September 24 and the final leg before the trial, the filing of dispositive motions asking the court to quash the case before the trial would occur.