NASCAR suing Michael Jordan's 23XI Racing, Front Row Motorsports; refers to pair as ‘illegal cartel': The Athletic

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05-03-2025

CHARLOTTE, N.C. (WGHP) — The legal saga between two prominent NASCAR teams and NASCAR itself has taken a new turn.
that NASCAR is now suing the racing teams , and .
Michael Jordan, Denny Hamlin's 23XI Racing, Front Row Motorsports suing NASCAR over 'anti-competitive practices'
23XI Racing is owned by basketball Hall of Famer Michael Jordan, three-time Daytona 500 winner Denny Hamlin, and Curtis Polk. Front Row Motorsports is owned by Bob Jenkins and Brad Jenkins; both teams are based in North Carolina.
against NASCAR and its CEO Jim France over 'their anti-competitive practices and monopolistic control of the sport.'
23XI and FRM released the following joint statement on their lawsuit:
'We share a passion for racing, the thrill of competition, and winning. Off the racetrack, we share a belief that change is necessary for the sport we love. Together, we brought this antitrust case so that racing can thrive and become a more competitive and fair sport in ways that will benefit teams, drivers, sponsors, and, most importantly, fans.'
23XI Racing and Front Row Motorsports
According to The Athletic, NASCAR referred to the pair of 23XI and FRM in its lawsuit as 'an illegal cartel' and claimed that 23XI's Polk is 'representing all teams in negotiations, coordinating their conduct, and threatening teams that considered leaving the conspiracy and interfering and negatively affecting NASCAR's attempts to renew its media rights agreements.'
The two teams claim in their antitrust lawsuit that NASCAR and France operate 'without transparency, have stifled competition, and control the sport of stock car racing in ways that unfairly benefit them at the expense of team owners, drivers, sponsors, partners, and fans, through the following anti-competitive practices.'
The allegations made by 23XI and FRM against NASCAR include:
Buying a majority of the premier racetracks that are exclusive to NASCAR races;
Imposing exclusivity deals on NASCAR-sanctioned racetracks;
Acquiring Automobile Racing Club of America (ARCA), the only notable stock car racing series competitor;
Preventing teams from participating in any other stock car races, while also retaining ownership over Next Gen parts and cars; and
Forcing teams to buy their parts from single-source suppliers chosen by NASCAR.
NASCAR in its lawsuit, is requesting triple damages and the removal of 23XI and Front Row from their guaranteed starting spots in NASCAR Cup Series races if the pair continue with their lawsuit, according to The Athletic.
23XI and FRM claim that 'No other major professional sport in North America is run by a single family that enriches themselves through these kinds of unchecked monopolistic practices'
Jordan commented on the antitrust lawsuit in October 2024 stating, 'Everyone knows that I have always been a fierce competitor, and that will to win is what drives me and the entire 23XI team each and every week out on the track. I love the sport of racing and the passion of our fans, but the way NASCAR is run today is unfair to teams, drivers, sponsors, and fans. Today's action shows I'm willing to fight for a competitive market where everyone wins.'
Polk referred to NASCAR as a 'dictatorship' in his comment on the lawsuit.
One of the key issues cited by both racing teams are the NASCAR charters which were adopted in 2016 and recently updated in 2025. They claim NASCAR 'continually stonewalled and refused to engage constructively' during two years of attempted negotiation.
Polk commented on the charter in October 2024 stating that it was 'forced on the teams with only hours' notice' and that it 'is an attempt to further marginalize the teams' voices in the sport and consolidate control and the power in the hands of the France family for their sole benefit.'
Front Row's Bob Jenkins released the following statement in October 2024:
'I have been part of this racing community for 20 years and couldn't be more proud of the Front Row Motorsports team and our success. But the time has come for change. We need a more competitive and fair system where teams, drivers, and sponsors can be rewarded for our collective investment by building long-term enterprise value, just like every other successful professional sports league.'
Bob Jenkins, FRM team owner
The Athletic reports that NASCAR made its final offer to extend the charter agreement to 2031 in September 2024 'just days before the start of the Cup Series playoffs.' Court documents allege that NASCAR told teams that 'should they not sign the extension by a midnight deadline, the charter system would effectively be disbanded at the end of the year.'
23XI and FRM were the only two teams who did not sign the extension. The pair then filed its antitrust lawsuit a month later.In the injunction, the court also found that the teams have established a likelihood of success on their anti-trust claims and that language in the charter agreement forces NASCAR's monopolistic power onto the teams.
'The Court finds that NASCAR possesses monopoly … power in the relevant market, which is the market for premier stock car racing teams in the United States,' the injunction reads. 'NASCAR's Cup Series is the only premier stock car racing series in the United States, and premier stock car racing is a distinct form of automobile racing with unique cars and highly specialized racing teams for which other types of motorsports like Formula 1 and IndyCar are not substitutes. Therefore, NASCAR fully controls which race teams can compete at the highest level of stock car racing. Effectively, it has a 100% market share.'
'In practical effect, the question before the court is: can a monopolist require that a party agree to release the monopolist from all claims that it is violating the antitrust laws as a condition of doing business?' The answer is, 'No.''
NASCAR appealed the ruling to the U.S. Court of Appeals and also asked for a stay of the injunction until the appeal is heard. The Athletic reports that a hearing will likely take play in mid-May 2025. The jury trial for the antitrust lawsuit is scheduled to take place on Dec. 1, 2025.
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