23XI, Front Row fire back at NASCAR motion, reiterate monopoly claims

In response to NASCAR‘s motion to dismiss the lawsuit, 23XI Racing and Front Row Motorsports are reiterating their original argument. The teams do not believe the lawsuit should be dismissed and are pushing for it to move forward into discovery.

In the new brief, the teams are going back over their argument. That is, NASCAR is operating as a monopoly given their control of race tracks, which limits other stock car racing series from competing, as well as, the Next Gen parts and cost of those parts.

Bob Pockrass of FOX Sports reported on the new filing this afternoon. If this case is not dismissed, fans will be in for a treat. The next step in the process is discovery, which would likely bring financial records to light.

23XI/FRM briefs today reiterate previous arguments. For the judge to dismiss case, he must consider facts the teams present as true & determine there is simply no violation of law. If judge doesn't dismiss case, then discovery (depositions, access to documents/financials) begins. https://t.co/lci6DjnWSp

— Bob Pockrass (@bobpockrass) December 16, 2024

Recently, NASCAR and the teams have gone back and forth in filings. The teams are still seeking a preliminary injunction to allow them to sign the charter agreement. That would be pending the results of the case.

NASCAR argues that the teams can go and compete in another racing series. However, 23XI and Front Row believe that is not possible. They are stock car racing organizations. Nothing that they do would really translate to sprint cars, IndyCar, or Formula One.

Not to mention, the difficulty of even landing in a series to begin with. IndyCar now has their own charter system going into effect in 2025.

A judge will now have to determine whether or not the arguments from 23XI and FRM constitute a potential violation of the law. Don’t forget, we are only two months away from the Daytona 500.

NASCAR likely wants lawsuit to end by Daytona

Conventional wisdom says that NASCAR, 23XI Racing, and Front Row Motorsports would like a resolution before the 2025 season begins. It would be in everyone’s best interest overall and would be best for the sport.

Despite any desire to get a deal by the Daytona 500, let’s not forget, that the same thing was said about the charter negotiations last year. No one thought it would possibly go further than Daytona, but it went much further into the year.

This lawsuit could change NASCAR or solidify how it is run currently. Things are going to be constantly moving over the next days and weeks. We may know if this is going into discovery or not before Christmas, or not until after the New Year.

NASCAR is still arguing against this lawsuit and against letting 23XI and FRM sign the charter agreements. Is it possible that they won’t be racing as chartered teams at all in 2025? Running three open cars each, theoretically, would cost a lot of money. But Michael Jordan and Bob Jenkins have a lot.