23XI, Front Row attorney Jeffrey Kessler fires back at 'desperate' NASCAR counterclaim

On Wednesday, the saga between NASCAR and the tandem of 23XI Racing and Front Row Motorsports took a new turn, as the sport’s governing-body filed a counterclaim against the teams. In the process, they named Michael Jordan‘s longtime business partner Curtis Polk as a defendant, per Jeff Gluck of The Athletic.

After the news made its rounds, 23XI and FRM attorney Jeffrey Kessler has released a statement in response, disparaging the decision from NASCAR. Check it out below, as Adam Stern of the Sports-Business Journal shared it to X, formerly known as Twitter.

“Today’s counterclaim by NASCAR is a meritless distraction and a desperate attempt to shift attention away from its own unlawful, monopolistic actions. NASCAR agreed to the joint negotiations that they now attack,” the statement from Kessler read, via Stern.

“When those joint negotiations failed, they used individual negotiations to impose their charter terms, which most of the teams decided they had no choice but to accept. My clients’ lawsuit has always been about transforming NASCAR into a more competitive and fair sport for the benefit of drivers, fans, sponsors and teams because of their love of the sport.

“Every major sport goes through a transition to competition when antitrust claims are asserted, and that moment has come for NASCAR. Today’s baseless filing changes nothing. We are confident in the strength of our case and look forward to presenting it at trial.”

Those are some robust words from Kessler regarding NASCAR’s counterclaim. It’s evident 23XI and FRM have no plans on backing down from their stance, but the sport’s governing-body is standing firm, as well. Someone will have to blink eventually, but it doesn’t feel like that’ll be happening anytime soon.

More on NASCAR’s countersuit of 23XI Racing, Front Row Motorsports

According to Bob Pockrass of FOX Sports, the NASCAR is alleging a conspiracy and agreement in unreasonable restraint of interstate trade and commerce, constituting a violation of Section 1 of the Sherman Act. In the 30-page court filing, NASCAR claims all three “willfully violated the antitrust laws by orchestrating anticompetitive collective conduct.” 

NASCAR in the suit called the teams an “illegal cartel,” and alleges that they, led by 23XI co-owner Polk, “agreed to a scheme to pressure NASCAR to accept their collusive terms, including by engaging in media campaigns, interfering with NASCAR’s broadcast agreement negotiations, threatening boycotts of NASCAR events and engaging in a group boycott of a NASCAR Team Owner Council Meeting.”

“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,” the claim reads. “That is because the undisputed reality is that it is 23XI and FRM, led by 23XI’s owner and sports agent Curtis Polk (23XI, FRM, and Curtis Polk collectively, “Counterclaim Defendants”), who willfully violated the antitrust laws by orchestrating anticompetitive collective conduct in connection with the terms of the 2025 Charter Agreements.”

“Polk played an active role in this illegal conspiracy,” NASCAR said, by “representing all teams in negotiations, coordinating their conduct, and threatening teams that considered leaving the conspiracy and interfering and negatively affecting NASCAR’s attempts to renew its media rights agreements.

All told, there won’t be an immediate resolution to this battle, at least not one that’s visible at the moment. NASCAR is not asking for an immediate injunction. That will be part of the jury trial scheduled Dec. 1.

— On3’s Nick Geddes contributed to this article.