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NASCAR Accuses Michael Jordan’s 23XI Racing of Using Antitrust Suit for Contract Renegotiation

By  |  October 17, 2024

In a recent court filing, NASCAR accused 23XI Racing—co-owned by NBA legend Michael Jordan—of using an antitrust lawsuit as a “meritless” ploy to renegotiate contract terms in their favor. According to NASCAR’s legal team, the lawsuit is an attempt by 23XI Racing to extract better contract conditions after missing a deadline to sign NASCAR’s 2025 charter agreement. NASCAR also claims that the suit is a strategic move to gain leverage by forcing expedited discovery, a process the governing body describes as unnecessary.

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    The dispute centers around a lawsuit filed by 23XI Racing and Front Row Motorsports against NASCAR and its CEO, Jim France, in a North Carolina federal court. The plaintiffs allege that NASCAR’s use of charters, which guarantee teams a spot in races but limit their ability to compete outside of NASCAR-sanctioned events, constitutes an abuse of power and stifles competition. According to Sportico, the lawsuit claims that NASCAR holds too much control over the premier stock car racing circuit, suppressing economic opportunities for teams and rival organizations.

    Charters are a crucial component of NASCAR’s current structure, granting teams a secured place in races, but 23XI Racing and Front Row Motorsports argue that the system is restrictive and monopolistic. They did not sign the 2025 charter agreement before the deadline in September, and are now seeking a preliminary injunction that would allow them to compete as chartered teams while avoiding the enforcement of a controversial contractual clause—Section 10.3—which waives antitrust claims.

    The plaintiffs are pushing for an expedited discovery process to obtain documents that could bolster their antitrust case. These documents include NASCAR’s contracts with independent racetracks, acquisition-related documents involving the International Speedway Corporation and the Automobile Racing Club of America, as well as agreements that prevent teams from participating in non-NASCAR events.

    Related: Michael Jordan’s NASCAR Team Files Antitrust Suit Against Series, Claiming Unfair Practices

    However, NASCAR, in a brief written by attorneys Tricia Wilson Magee and others, argues that the request for expedited discovery is a tactical maneuver to leverage the antitrust process. NASCAR asserts that 23XI Racing and Front Row Motorsports are simply attempting to renegotiate terms they had previously declined. According to Sportico, NASCAR’s legal team stated that the motion to expedite is part of a broader effort to “use the antitrust discovery process as a weapon.”

    NASCAR also claims that the plaintiffs are seeking to undo contractual provisions they previously accepted. The governing body argues that removing Section 10.3 from the charter would undermine agreements made by other teams, who have already signed the 2025 charter deal with the release clause intact. NASCAR highlights that Section 10.4 of the charter provides reciprocal release rights, which the plaintiffs have not challenged.

    As Sportico notes, NASCAR is keen to protect its agreement with the 32 charter teams and is prepared to move forward without the participation of 23XI Racing and Front Row Motorsports under the existing structure. NASCAR also points out that teams without charters can still compete in major events, citing the example of 23XI Racing’s participation in the 2023 Daytona 500 without a charter.

    Source: Sportico