"Zero loyalty": 23XI-FRM antitrust filing exposes internal NASCAR 'war game' texts in escalating legal fight

(L) 23XI Racing Co-owners Denny Hamlin and Michael Jordan; (R) NASCAR Commissioner Steve Phelps and President Steve O
(L) 23XI Racing Co-owners Denny Hamlin and Michael Jordan; (R) NASCAR Commissioner Steve Phelps and President Steve O'Donnell. Source: Getty; (Inset), @bobpockrass on X and Imagn

The year-long antitrust battle between 23XI Racing, Front Row Motorsports, and NASCAR has taken a fresh turn. Newly revealed text messages between top NASCAR executives have offered a rare glimpse into how the sanctioning body internally viewed threats to its business model.

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The messages, part of the teams’ response to NASCAR’s motion for summary judgment, show former NASCAR COO and current president Steve O’Donnell warning of a potential “mass exodus” of teams and drivers and urging colleagues to “war game” a future crisis. Both sides are revisiting arguments laid out throughout 2025, as the case edges toward a December trial before Judge Kenneth Bell.

However, it was what surfaced within the filing that drew the most attention. When the professional golf world was rocked by the arrival of the Saudi-backed LIV Tour in 2022, NASCAR officials privately discussed what a similar “breakaway threat” could mean for them, and how they might respond.

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In June 2022, as PGA Tour commissioner Jay Monahan faced mounting pressure from defecting golfers, O’Donnell texted NASCAR’s Chief Racing Development Officer Ben Kennedy and wrote, via Motorsport:

“I just watched Monahan's press conference. I don't ever want to see you in that position. We need to lock ourselves in a room and war game this thing. Future of sport is on the line and we need to assume — unfortunately — that 30 of 36 drivers will leave us and all owners will leave us. If that was the case — what would we do? If we don't want that to be the case — what should we do and what do we really think is fair? The PGA looks dumb right now.”
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O’Donnell’s message reflected deep concern that outside investment, particularly from private equity or sovereign wealth funds, could lure Cup Series’ top teams and drivers away, much as LIV had done to golf.

Steve Phelps and Joey Logano during the 2025 Hall of Fame Voting. Source: Getty
Steve Phelps and Joey Logano during the 2025 Hall of Fame Voting. Source: Getty

O’Donnell continued outlining potential threats to private investors from Saudi Arabia, who “don’t care if the business model even makes sense,” new short-track leagues run by existing teams, or off-season international ventures that could strip NASCAR of control over its calendar. He added:

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“Bottom line - my eyes were opened with the PGA and the teams. There is zero loyalty. We need to assume that nobody gives a shit — they don't. So, I think next week you call an offsite with Prime, Rich, Herbst, Clark, Probst. Whomever you trust the most. They talk about it, they are fired. Blank sheet of paper and we look at all possible scenarios.”
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The exchange underscored how NASCAR’s leadership perceived its relationship with teams. O’Donnell’s later texts referenced Curtis Polk, 23XI co-owner and longtime advisor to Michael Jordan, who has been central to the antitrust case.

“So let's win this. Curtis thinks we are dumb hillbillies. He is lecturing us on how TV deals work. I want to win and I know you do as well. It is personal now — we are you against a guy who doesn't care one bit about this sport and he said it — let's do what we think is right for this sport to succeed in the future. Bill France always said that everybody needs to win. Curtis just thinks teams should win.”
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Kennedy, who gained broader authority overseeing NASCAR’s track portfolio, responded with agreement and reflection on future strategy:

“Just read the text and agreed 100% with everything you said (as Jeff Gordon would say). In all seriousness think the offsite makes a ton of sense and to your point, scenario play out multiple cases from best case to worst case and have tabletop sessions for each... Right now we are so beholden to broadcast, but there is so much opportunity in international, sports betting, future NFTs and more.”
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While the conversation predates the ongoing lawsuit by more than a year, its tone and language now feed into the teams’ narrative that NASCAR acted with monopolistic intent.


Judge Bell reluctant to end NASCAR antitrust case early as mediation looms

Jim France (L) and Denny Hamlin on selection to NASCAR's 75 Greatest Drivers. Source: Getty
Jim France (L) and Denny Hamlin on selection to NASCAR's 75 Greatest Drivers. Source: Getty

The texts surfaced amid NASCAR’s push for summary judgment, a ruling that could dismiss the case before trial. The governing body has requested that the court dismiss the lawsuit, insisting that the Cup Series does not constitute a closed market and that its charter agreements are lawful.

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Judge Kenneth Bell has previously signaled that he was unwilling to make such a determination, preferring instead to preserve issues for a full jury trial in December.

The teams countered that the governing body maintains monopolistic control over top-level stock car racing by restricting entry, limiting alternative venues, and imposing below-market charter terms. They argue that the Next Gen car’s exclusivity compounds that control, preventing competitors from organizing independent series.

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In their filing, 23XI and Front Row called the motion a rehash of failed arguments:

“The motion is a meandering combination of mischaracterizations of Plaintiffs’ claims, misstatements of governing antitrust law, and disputed facts which must go to trial. Much of the motion appears to be written exclusively for the press, as counsel for NASCAR surely knows that the arguments they are presenting are not a basis for granting summary judgment. Stock car racing is a sport, but litigation is not.”
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The two sides will meet again on October 21, when Judge Bell has called both parties, including Michael Jordan and Denny Hamlin, into a final round of court-mediated settlement talks.

If no deal is reached, the case will proceed to a December 1 trial in Charlotte federal court.

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 Hitesh Nigam
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