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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.
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