The two NASCAR teams that sued the organization for antitrust violations argued in a new legal filing that NASCAR’s countersuit against them is a desperate move and should be dismissed.
NASCAR’s countersuit claims that Curtis Polk, Michael Jordan’s business manager, deliberately violated antitrust laws by organizing collective opposition to the most recent charter agreements.
23XI Racing and Front Row Motorsports were the only two teams, out of 15, that rejected NASCAR’s latest charter agreements. These agreements were presented just two days before the playoffs began, with no room for negotiation.
Charters were introduced in 2016 and have been extended twice. The most recent extension aligns with NASCAR’s seven-year media rights deal and guarantees 36 of 40 race spots for chartered teams while providing financial incentives. However, 23XI and Front Row refused to sign the agreement and sued, claiming NASCAR and the France family monopolize the sport.
The new filing calls NASCAR’s countersuit “retaliatory” and argues it lacks the necessary factual basis to support its claims.
According to the filing, NASCAR’s countersuit is a legal tactic meant to intimidate other teams into avoiding support for the antitrust lawsuit.
23XI and Front Row argue that NASCAR’s counterclaim should be dismissed because it fails to provide evidence of a coordinated effort to restrict competition. Instead, each team made individual decisions about whether to accept NASCAR’s terms.
The filing also defends Polk, whom NASCAR has singled out as the main instigator of the teams’ legal challenge. NASCAR accused him of threatening a boycott of Daytona 500 qualifying, but the teams countered that no such boycott ever occurred.
The teams argue that NASCAR’s claims do not meet the legal standard for being considered inherently anti-competitive.
Michael Jordan released a statement through a spokesperson, asserting that Polk speaks on his behalf and that any attack on Polk should be seen as personal.
NASCAR’s attorney has warned that the lawsuit by 23XI and Front Row could result in the complete elimination of the charter system, though NASCAR claims this would be a consequence rather than an intended action. NASCAR also says 23XI made the case personal by suing chairman Jim France.
The teams dismissed NASCAR’s suggestion that the charter system could be eliminated, calling it a scare tactic designed to pressure the 13 teams that signed the agreement.
Additionally, Front Row Motorsports argues it should be removed from the countersuit because NASCAR has not provided specific evidence that it engaged in any conspiracy.
The countersuit lumps Front Row together with 23XI, Polk, and unnamed parties without detailing any direct involvement by Front Row in the alleged conspiracy.
There is no set timeline for when a judge will rule on the matter.
