"NASCAR operated to squeeze teams" - Antitrust lawyer uncovers 'serious' legal implications in 23XI and FRM lawsuit
23XI Racing and Front Row Motorsports have the NASCAR world buzzing since filing an antitrust lawsuit against NASCAR. Recently, an antitrust lawyer had a look at their claims and claimed he was surprised at how the sport has managed to financially hold teams down.
Jeffrey Shinder is an antitrust lawyer partnered with Shinder Cantor Lerner, a law firm based in Washington D.C. and New York. He isn't part of the pending case against NASCAR but was interviewed by the Sports Business Journal after reading the claims made by the two race teams. Shinder said:
“What I found most interesting about the complaint is that the way NASCAR has operated is to squeeze the teams and make it harder to be financially successful and arguably financially viable, and that just seems counterintuitive to how a league should be operated. That struck me the most."
Shinder went on to say that he was not only taken aback by the claims that NASCAR has made it harder for race teams to be financially successful but also the things the sport has done to raise the barriers to entry, meaning they've made it more expensive for new entries into the sport. The lawyer finished by saying:
"Those two aspects were most striking to me, and if they can be proven, then I think there’s a serious case here and it’s a winnable case.”
After not reaching a charter agreement with NASCAR, Front Row and 23XI filed a suit against the sport and NASCAR CEO Jim France after two years of attempting to reach a charter agreement. The teams accused NASCAR of monopolization and violating the Sherman Antitrust Act.
Last week, the teams filed an injunction in an attempt to retain their charters for next season. If granted, it would allow them to compete in the Cup Series until the case is decided.
Fans accused NASCAR of being biased against Bubba Wallace in Sunday's race due to his team's lawsuit
Bubba Wallace, driver of the #23 23XI Racing Toyota, was penalized in stage one of Sunday's Bank of America ROVAL 400 at the Charlotte Roval for short-cutting the frontstretch chicane. Because of this, Wallace had to come to a complete stop on the track as a penalty before rejoining the race.
William Byron, driver of the #24 Hendrick Motorsports Chevrolet, looked to have committed the same violation but wasn't given a penalty. This sparked comments from fans on social media with some suggesting that NASCAR took out its frustrations of 23XI's lawsuit on Wallace.
When motorsports insider Jeff Gluck questioned why Wallace was penalized but Byron wasn't, one fan responded on X by saying:
"One team sued NASCAR, the other didn’t."
"Which one has a pending lawsuit?" wrote another user.
Despite the penalty, Wallace salvaged a ninth-place finish at day's end for his best finish on a road course this season. His teammate, Tyler Reddick, managed to drive his way into the Round of 8 of the playoffs which kicks off this Sunday at Las Vegas.