NASCAR takes hardline stance against 23XI, Front Row request for preliminary injunction

NASCAR has responded with opposition to 23XI Racing and Front Row Motorsports’ requests for a preliminary injunction. That injunction, if granted by the court, would allow the teams to sign the charter agreement without abiding by the section that forfeits their antitrust claims.

The legal team for NASCAR put together a 15-page response to the request for the preliminary injunction. There are redactions in the document when it comes to certain facts related to the 2025 charter agreements.

Here is the summarization of NASCAR’s argument. The “Bottom Line Up Front” as it is labeled in the document:

“Plaintiffs’ Motion—an attempt to force NASCAR into a contract on Plaintiffs’ preferred terms—falls far short of meeting the demanding standard required for obtaining a mandatory injunction. The Motion seeks to change the status quo, not maintain it; is about money, not irreparable harm; and fails to show a likelihood of success on the merits. This lawsuit is not about protecting competition; it’s a bid by Plaintiffs to secure more money than they could through arm’s-length negotiations. The Motion should be denied.”

So far, NASCAR has argued that this is mostly a way for 23XI and Front Row to make more money and to get better contractual terms. They also argue that this disrupts the status quo.

Finally, they don’t believe that there is a likelihood that 23XI and Front Row will succeed in this case based on what has been presented in the initial claim.

Bob Pockrass of FOX Sports had a further breakdown of the document.

NASCAR main arguments against injunction:
-Teams can run as open cars
-Exclusivity provisions are common in sports and procompetitive b/c make product more appealing to broadcasters, fans & sponsors vs other entertainment options
-if teams win, monetary damages can be calculated

— Bob Pockrass (@bobpockrass) October 24, 2024

NASCAR does not want to budge

Of course, NASCAR is going to do all it can to get this over with quickly. In that process, they hope to avoid any kind of discovery and hopefully, court. This response to the request for the preliminary injunction shows as much.

In their argument, NASCAR makes this mostly about money. They argue that 23XI and Front Row are seeking more money from the sanctioning body. They also argue that any damage done to the teams can be fixed with money.

Both sides have cited a ton of legal precedent. This will come down to how the judge views this case and the validity of both arguments. There is no doubt that stock car racing operates much differently than most professional sports. So, this is likely going to be unlike previous cases.

While we haven’t heard much from the court, 23XI and Front Row want a decision on the preliminary injunction to come no later than November 1. So, we might be close. Do you think the court will side with the teams or NASCAR?