In the build-up to Thursday’s 23XI Racing NASCAR charter lawsuit hearing, both 23XI Racing and Front Row Motorsports have submitted new legal documents aimed at persuading the court to grant a preliminary injunction. These filings come as the teams seek immediate court intervention to prevent NASCAR from altering or selling their charters before the court rules on the larger legal dispute.
Teams Seek to Halt NASCAR Charter Deals and Confirm Race Entries
With the preliminary injunction hearing approaching, 23XI Racing and Front Row Motorsports presented two new filings to clarify their immediate goals. Their primary request is for a court order to stop NASCAR and its representatives from making any decisions regarding the 2025 NASCAR Cup Series Charter Member Agreements for the #23, #35, #45, #4, #34, and #38 cars. As the court weighs these motions, the teams also ask that NASCAR be required to allow both organizations to field three race cars each in all Cup Series events, ensuring full participation as chartered members.
This move by the teams comes at a critical moment, as NASCAR has previously indicated its intention to sell at least one charter to another, undisclosed owner. The legal filings seek to prevent any such action during the ongoing litigation—a pivotal issue as the highly competitive NASCAR Playoffs draw near and as the future of several Cup Series spots hangs in the balance.
Arguments Behind the Preliminary Injunction Request
In their latest filings, 23XI Racing and Front Row Motorsports detail the rationale for seeking urgent court intervention. They argue that NASCAR’s authority in this matter is being exercised to the detriment of competition, with the teams asserting clear evidence to support their claims. In strongly worded passages, the teams’ legal team challenges NASCAR’s explanation for its actions, accusing the sanctioning body of attempting to, quote,
“deny reality and avoid addressing the overwhelming evidence of its unlawful maintenance of monopsony power through anticompetitive acts in the input market for premier stock car racing.”
According to their filing, NASCAR did not
“even address most of the smoking-gun documents that admit NASCAR viewed competitive entry as a threat to its monopsony and [the] express anticompetitive purpose for NASCAR’s exclusionary acts to block such entry.”
“It also has no answer for the internal NASCAR documents with top executives describing how NASCAR used its monopsony power to impose a one-sided, [redacted] deal, reflecting a [redacted] that the teams would have to accept, [redacted]. And after asking for time to address Plaintiffs’ expert evidence, NASCAR barely discusses it. [Redacted]. NASCAR can ignore the devastating evidence against it, but it cannot hide from its impact, which is to easily satisfy Plaintiffs’ burden of proving a likelihood of success on the merits.”
—Plaintiffs’ Legal Team
The teams emphasize three main points in their filings: they claim they are
“likely to succeed in showing NASCAR’s monopsony power and exclusionary conduct,”
that the plaintiffs “have established irreparable harm,” and that
“the balance of equities strongly favors preliminary injunctive relief.”
Each argument is designed to convince the court that their case meets the legal standards for urgent, temporary relief.
“likely to succeed in showing NASCAR’s monopsony power and exclusionary conduct.”
—Plaintiffs’ Legal Team
“the balance of equities strongly favors preliminary injunctive relief.”
—Plaintiffs’ Legal Team
Pivotal Hearing May Decide the Short-Term Control of NASCAR Charters
The Thursday court hearing will play a crucial role in determining whether NASCAR can proceed with its reported plans or whether the teams can secure the temporary protections they seek. If the court sides with 23XI Racing and Front Row Motorsports, it could halt any immediate transfers or sales of coveted Cup Series charters, shifting leverage in the ongoing litigation toward the teams and affecting the strategies of multiple stakeholders, including team owners, executives, and fans.
As anticipation builds ahead of the 23XI Racing NASCAR charter lawsuit hearing, the outcome could set key precedents within the sport, especially as the industry grapples with its structure, competitive balance, and the power wielded by the sanctioning body. The ruling may define not just the composition of the 2025 Cup Series grid but also the negotiation landscape for all current and aspiring NASCAR teams.
