The intense phase of the NASCAR legal battle is fully underway. Michael Jordan and Bob Jenkins initially approached their October lawsuit against NASCAR with strong confidence. However, that optimism has waned as setbacks piled up. First, U.S. District Judge Frank Whitney rejected the teams’ request for expedited access to NASCAR’s documents. Next, Whitney denied 23XI Racing and Front Row Motorsports (FRM) the chance to compete next season.
Now, NASCAR, led by Jim France, has shifted to an offensive strategy, aiming to completely dismiss the lawsuit. If the court sides with NASCAR on this matter, the four-year journey of 23XI Racing could come to an abrupt and disheartening end for Jordan.
Fans and drivers initially rallied behind the bold move by 23XI Racing and FRM, who refused to sign the 2025 charter agreement and filed an antitrust lawsuit. The teams accused NASCAR of monopolizing the premier stock-car racing market, hoarding a disproportionate share of profits, acquiring major racetracks, and imposing restrictive policies that prevent teams from racing for competing organizations. These grievances stemmed from a two-year negotiation between NASCAR and the Race Team Alliance over higher revenue shares and permanent charters.
However, NASCAR is now working to dismantle these arguments. While Jordan and his team focus on ensuring their survival as a chartered team in 2024, NASCAR has filed a motion to dismiss the lawsuit entirely. Journalist Bob Pockrass reported on X that NASCAR argued the lawsuit was simply an expression of frustration over failed business negotiations. Kelly Crandall further shared NASCAR’s motion, which called the complaint “a misguided attempt to dress up private business frustrations in antitrust garb.”
The motion asserts that the claims are barred by the statute of limitations and laches. NASCAR also argues the teams failed to demonstrate reduced competition, a requirement for establishing antitrust standing. Instead, NASCAR claims the lawsuit is a bid to renegotiate contractual terms rather than address legitimate anticompetitive concerns. As Crandall noted, NASCAR is seeking dismissal on these grounds.
At this point, the lawsuit’s outcome looks increasingly uncertain, with a potentially unfavorable resolution looming for 23XI Racing and FRM.
