“Today’s baseless filing changes nothing” - 23XI Racing and FRM’s attorney Jeffrey Kessler shares honest reaction about NASCAR countersuit
23XI Racing and Front Row Motorsports attorney Jeffery Kessler released a statement after a counterclaim by NASCAR, which he termed as a ‘meritless distraction’.
On March 5, 2025, NASCAR filed a counterclaim against Michael Jordan's 23XI Racing, Curtis Polk (Jordan's long-term advisor and 23XI co-owner), and Front Row Motorsports. The lawsuit alleges that these parties violated antitrust laws by engaging in collusive behavior to compel NASCAR to meet their demands. NASCAR accuses them of orchestrating media campaigns, disrupting broadcasting negotiations, and threatening boycotts to force their terms.
In a statement, Kessler called the counterclaim a “desperate attempt” to employ distraction tactics from the subject of the lawsuit, NASCAR’s monopolistic actions.
"Today's counterclaim by NASCAR is a meritless distraction and a desperate attempt to shift attention away from its own unlawful, monopolistic actions," a released statement by Kessler read.
The FRM/23XI lawyer recalled the failure of the joint negotiations between his party and NASCAR.
"NASCAR agreed to the joint negotiations that they now attack. When those joint negotiations failed, they used individual negotiations to impose their charter terms, which most of the teams decided they had no choice but to accept," Kessler added.
He also revealed what the lawsuit is about:
"My clients' lawsuit has always been about transforming NASCAR into a more competitive and fair sport for the benefit of drivers, fans, sponsors and teams because of their love of the sport. Every major sport goes through a transition to competition when antitrust claims are asserted, and that moment has come for NASCAR."
He concluded the statement by giving a heavy indictment on the counterclaim and expressed confidence in his case.
"Today's baseless filing changes nothing. We are confident in the strength of our case and look forward to presenting it at trial," said Kessler.
The dispute between NASCAR and 23XI Racing, along with Front Row Motorsports (FRM), originates from the new charter system, which guarantees charter-holding teams race spots and financial benefits. In September 2024, NASCAR presented a final version of the 2025 charter agreement to teams, but 23XI and FRM refused to sign it, citing unfair terms. The two organizations later filed a federal antitrust lawsuit in October, accusing NASCAR of monopolistic and anticompetitive practices that harm teams and restrict fair competition.
NASCAR attorney spoke on the lawsuit involving 23XI Racing and FRM
NASCAR attorney Chris Yates argues that 23XI Racing and FRM are misusing antitrust laws with baseless monopolization claims to force a renegotiation of the charter agreement, which NASCAR has no intention of doing.
"The undisputed reality is that it is 23XI and FRM, led by 23XI's owner and sports agent Curtis Polk, that willfully violated the antitrust laws by orchestrating anticompetitive collective conduct in connection with the terms of the 2025 Charter Agreements," an excerpt from NASCAR's counterclaim read [via Daytona Beach News Journal].
NASCAR is seeking triple damages and the removal of guaranteed starting positions for 23XI Racing and FRM if they proceed with the lawsuit.