CHARLOTTE, N.C. (AP) — The two teams suing NASCAR asked a judge to dismiss the sanctioning body's counterclaim in court Wednesday.
In a 20-page filing in district court in North Carolina, 23XI Racing and Front Row Motorsports opposed NASCAR's motion to amend its original counterclaim. The teams argued that the need to amend the counterclaim further demonstrates the weakness of NASCAR’s arguments, calling them an attempt by NASCAR to distract and shift attention away from its own unlawful, monopolistic actions.
NASCAR's counterclaim singled out Michael Jordan's longtime business manager, Curtis Polk. Jordan is co-owner of 23XI Racing.
The legal battle began after more than two years of negotiations on new charter agreements — NASCAR’s equivalent of a franchise model — and the 30-page filing contends that Polk “willfully” violated antitrust laws by orchestrating anticompetitive collective conduct in connection with the most recent charter agreements.
23XI and Front Row were the only two organizations out of 15 that refused to sign the new agreements, which were presented to the teams last September in a take-it-or-leave-it offer a mere 48 hours before the start of NASCAR’s playoffs.
The charters were fought for by the teams ahead of the 2016 season and twice have been extended. The latest extension is for seven years to match the current media rights deal and guarantee 36 of the 40 spots in each week’s field to the teams that hold the charters, as well as other financial incentives. 23XI and Front Row refused to sign and sued, alleging NASCAR and the France family that owns the stock car series are a monopoly.
NASCAR already has lost one round in court in which the two teams have been recognized as chartered organizations for the 2025 season as the legal dispute winds through the courts. NASCAR has also appealed a judge's rejection of its motion to dismiss the case.
