23XI, FRM attack NASCAR in new court filing, calling out threats, severe consequences

23XI Racing and Front Row Motorsports (FRM) have filed a motion to dismiss NASCAR’s countersuit against them, according to multiple reports. The two NASCAR Cup Series teams also asked the court to deny NASCAR’s request to strike a charter agreement provision that ensures the team’s entry into each race.

The counterclaim was filed on Wednesday at the Western District of North Carolina, Charlotte Division. The claim states, “NASCAR’s retaliatory counterclaim is an act of desperation that cannot withstand a motion to dismiss. It does not allege the facts necessary to state a claim.”

It also says, “NASCAR is using the counterclaim to engage in litigation gamesmanship, with the transparent objective of intimidating the other teams by threatening them with severe consequences if they support Plaintiffs’ challenge to the unlawful NASCAR monopoly.”

NASCAR attacked 23XI and FRM in its countersuit

NASCAR filed its countersuit against 23XI and FRM earlier this month. The governing body said 23XI and FRM “willfully violated the antitrust laws by orchestrating anticompetitive collective conduct in connection with the terms of the 2025 Charter Agreements.”

“This is not the first time that 23XI and FRM have sought to impose their viewpoints, and those of their counsel, on the racing teams writ large,” the lawsuit said. “And it is truly ironic that in trying to blow up the Charter system, 23XI and FRM have sought to weaponize the antitrust laws to achieve their goals.”

NASCAR also called out 23XI co-owner Curtis Polk. “I don’t think Mr. Polk really understands the sport,” NASCAR attorney Christopher Yates told the Associated Press. “I think he came into it and his view is it should be much more like the NBA or other league sports. But it’s not. No motorsport is like that. He’s done a lot of things that might work in the NBA or might be OK in the NBA but just are not appropriate in NASCAR.”

This led to 23XI co-owner and NBA legend Michael Jordan showing support for Polk. “Curtis and MJ stand united. His perspective is if you are coming after Curtis, you are coming after him,” a spokeswoman for Jordan said. “He doesn’t look at this as just business. It’s personal.”

23XI and FRM filed a lawsuit against NASCAR in October, accusing the organization of violating the Sherman Antitrust Act, preventing teams from competing “without accepting the anticompetitive terms.” It came right after the other NASCAR Cup Series teams signed a new charter deal.