Why is NASCAR demanding dismissal of the lawsuit against 23XI and FRM?

NASCAR: Daytona 500 - Media Day - Source: Imagn
NASCAR president Steve Phelps during Daytona 500 media day at Daytona International Speedway. - Source: Imagn

NASCAR might have many reasons for wanting to dismiss the ongoing lawsuit against 23XI Racing and Front Row Motorsports. Reporter Bob Pockrass of FOX also shared a few reasons why NASCAR wants the case defenestrated.

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Pockrass’ post surfaced on X (formerly known as Twitter) shortly after NASCAR filed for summary judgment on Friday, October 3. According to NASCAR’s newest filing, 23XI and FRM’s sole intention was to destroy the racing association as a means to satiate their personal greed and ego. In accordance with the recent filing, Pockrass cited the reasons given by NASCAR,

“NASCAR argues case should be tossed b/c: -Teams didn't try to start their own series so can't say charter provisions harmed them -Charter exclusivity provisions haven't caused harm to competitive process/consumers -Defining the market as premier stock-car racing is too narrow.”
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As reiterated by the teams, NASCAR has monopolistic control over the racing market, and forcing the teams to sign the charter agreement was essentially a way of exercising its control over the division of racing. However, NASCAR argued that “economic power derived from contractual agreements has nothing to do with market power.” Per Frontstretch.com, NASCAR further alleged,

“Many of the points the teams are attempting to use as evidence occurred more than four years ago, which in turn means that they missed their opportunity to use that material against NASCAR in a lawsuit.”
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As exhibits, NASCAR submitted to the court statements from several team owners that proved the importance of the current charter system in the racing market. Among these owners were Joe Gibbs, Roger Penske, Rick Hendrick, Richard Childress, Jon Wood, Rick Ware, Brad Keselowski, Carl Long, BJ McLeod, Gordon Smith, and Cal Wells.


NASCAR counters 23XI Racing and Front Row Motorsports lawsuit, says it's not about antitrust

NASCAR told the court that the antitrust lawsuit brought forth by 23XI Racing and Front Row Motorsports wasn’t actually about antitrust. The sanctioning body argued that the lawsuit was merely an attempt made by the teams to renegotiate the terms in the newest charter agreement.

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As reported by renowned journalist Claire B Lang on X, NASCAR asserted in one of their statements that,

“The 23XI Racing and Front Row Motorsports lawsuit is not in the best interests of the sport. This lawsuit is not about antitrust; it is merely an attempt to renegotiate an agreement that was signed and is being honored by all other race teams.”

The final trial date is scheduled for December 1. For now, all eyes are on this Sunday’s playoff race at Charlotte Motor Speedway. Named Bank of America ROVAL 400, the 109-lap event will be televised on USA (3 pm ET onwards) with live radio updates on PRN and SiriusXM NASCAR Radio.

Get the latest NASCAR All-Star race news, Xfinity Series updates, breaking news, rumors, and today’s top stories with the latest news on NASCAR.

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Edited by Tushhita Barua
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