Denny Hamlin asserts that key declarations submitted in the ongoing antitrust case may actually bolster the positions of 23XI Racing and Front Row Motorsports, instead of favoring NASCAR. The Denny Hamlin lawsuit declarations, provided by current and former Charter team owners, have become central to the latest developments as the case unfolds in Charlotte, North Carolina.
Hamlin Responds to Court Filings and Team Owner Declarations
In the wake of nearly a dozen team owners submitting statements to the court, Denny Hamlin observed that these Denny Hamlin lawsuit declarations seemed to support his side’s arguments more than NASCAR’s. The declarations were filed as part of NASCAR’s request for summary judgment in its bid to resolve the case before trial.
“Nothing (that was in them) surprised me,”
Hamlin said.
“I didn’t think it was super helpful for them (NASCAR). I thought that it was, truthfully, more helpful for us than it was for them. Obviously, as they said, they were asked to do it.”
– Denny Hamlin, Co-owner, 23XI Racing
The antitrust suit targets NASCAR’s Charter system, an arrangement established to provide teams with race entry guarantees and other benefits. NASCAR describes the lawsuit as a direct threat to the integrity of its Charter framework. The dispute has reached US District Court in Charlotte, where the sport’s governance and future operations are under scrutiny.
Judge Signals Wide-Ranging Remedies if Plaintiffs Prevail
During a pivotal hearing on August 28, 2025, US District Judge Kenneth D. Bell addressed the potential consequences if 23XI Racing and Front Row Motorsports win the December trial. Judge Bell noted the court could consider multiple equitable remedies, beyond what either party suggested, bringing widespread uncertainty to all parties involved.
“There’s likely to be sales of tracks,”
Bell said.
“There will be non-exclusivity provisions that will be erased. There will be noncompete provisions that will be erased. There will be changes to what use can be made of the cars. The whole charter system itself may be looked at. Even though nobody’s asked the Court to look at it, but the Court’s not limited to remedies suggested by the parties. And the charters are going to look different even if the charter system survives.”
– Kenneth D. Bell, US District Judge
Bell added that the outcome of the trial could reshape the sport significantly, impacting sponsors, drivers, teams, and broadcasters alike. The uncertainty now extends to the 2026 season and beyond.
“But until the jury comes back and we start talking—and only if they find for the plaintiffs, and we start talking about equitable remedies, nobody knows what ’26 is going to look like. Sponsors don’t know, drivers don’t know, broadcasters don’t know. Because if plaintiffs (23XI Racing and Front Row Motorsports) prevail, NASCAR is going to look very different.”
– Kenneth D. Bell, US District Judge
Bell emphasized that the only way for teams, sponsors, and others to gain certainty is if NASCAR prevails, maintaining the current business model. Otherwise, substantial changes and disruption are likely.
“And that’s a lot of uncertainty for everybody. If plaintiffs don’t prevail, everybody’s got certainty. Nothing about their business is going to change. But nobody knows that until sometime mid-December.”
– Kenneth D. Bell, US District Judge
Voices from the Garage: Team Owner and Driver Perspectives
Several prominent figures in the sport submitted declarations, offering insider perspectives on the Charter system’s value and the implications of upsetting the status quo. These statements, now part of public court records, highlight both consensus and division within the NASCAR community.
Rick Hendrick, the founder and majority owner of Hendrick Motorsports, recalled the challenging nature of negotiating the Charter agreement, calling the outcome critical for the survival of teams and the business ecosystem.
“Shortly after Hendrick Motorsports signed it’s four Charters, I made remarks to members of the press that conveyed my perspective: I think we worked really hard for two years and it got down to, you’re not going to make everybody happy. But in any negotiation, you’re not going to get everything you want, and so I felt it was a fair deal and we protected the Charters, which was number one, we got the revenue increase, I feel a lot of things we didn’t like we got taken out, so I’m happy with where we were. The Charter agreement is critical to the stability of the NASCAR ecosystem—the teams, the businesses that support us and NASCAR itself. Undoing what we have collectively negotiated will not only result in immeasurable damage to our sport and our respective businesses, it will, most importantly, hurt the people and families that depend on us for their livelihoods.”
– Rick Hendrick, Founder and Majority Owner, Hendrick Motorsports
From a different vantage point, Roger Penske, founder and chairman of Penske Corporation, said that the Charter system achieved its objective of creating lasting team equity. Penske’s experience with NASCAR even influenced a similar system for the NTT INDYCAR SERIES.
“I believe that the Charter system has been beneficial because it delivered on the race teams’ goal of creating long-term equity value. My belief in the value of the NASCAR Charter system is confirmed by the fact that, based on my experience with NASCAR’s Charter system since 2016, I decided to create a Charter-type system in IndyCar. In 2024, the NTT INDYCAR SERIES and all teams racing full time in IndyCar entered into a charter agreement effective for the 2025 season. The IndyCar Charter has some similarities to the NASCAR Charter and I believe has brought value to our series. Attempting to address team concerns with the cost to race in Cup Series races, NASCAR with feedback from the teams, introduced what is called Next Gen car. Since the Next Gen car began racing in 2022, Team Penske’s Cup Series race car costs have been reduced due to a smaller number of race cars in the fleet and a lesser volume of parts replacements. In addition to cost efficiencies, the Next Gen car has enhanced on track racing for our team and certainly others.”
– Roger Penske, Founder and Chairman, Penske Corporation
Other team leaders, such as Joe Gibbs of Joe Gibbs Racing, underscored the importance of resolving the lawsuit without fracturing the sport or damaging its future viability.
“The most important thing to me is that this lawsuit is resolved amicably, quickly, and in a manner that preserves the Charter system and the long-term viability of our incredible sport. That must happen to ensure the health, happiness and prosperity of our many hundreds of employees and their families. Nothing matters more to me.”
– Joe Gibbs, Founder and Owner, Joe Gibbs Racing
Calvin Wells, chief executive officer of Legacy Motor Club, focused on the Charter system’s introduction in 2016 as a transformative change, establishing legitimacy, financial predictability, and governance rights for teams.
“Before the Charter system was implemented in 2016, NASCAR teams had no reliable mechanism to capture organizational value if sponsorship left or ownership stepped aside. The Charter system changed that equation, providing predictable cash flow, guaranteed race entries, governance rights, and, critically, a transferable business asset. The ability to sell both physical assets and charter rights has made team ownership significantly more sustainable.”
– Calvin Wells, Chief Executive Officer, Legacy Motor Club
Wells also reflected on recent negotiations, suggesting that although not all objectives were secured, the final agreement creates a productive framework for the future.
“I also participated in the negotiation process leading up to the 2025 Charter Agreement. LEGACY MOTOR CLUB received and reviewed multiple drafts in late 2023, May 2024, August 2024, and September 2024. Our team provided comments and input, and while not all parties secured every objective, I believe the final agreement represents a viable, forward-looking framework for collaboration between NASCAR and its teams.”
– Calvin Wells, Chief Executive Officer, Legacy Motor Club
From an athlete’s viewpoint, Brad Keselowski, both a driver and part-owner at RFK Racing, described the Charter agreement as a compromise supporting stronger team equity while noting NASCAR’s flexibility with rival series participation.
“Although the teams did not get all they wanted in the Charter negotiations, the 2025 Charter reflects a compromise RFK Racing was ultimately willing to accept, and I believe it should contribute to growth in team equity values. I was approached by a short-track series called Superstar Racing Experience (SRX) about driving in SRX races. I raced in the entire SRX series season (six races) in 2023 while continuing as a co-owner of, and driver for, a Cup Series team. NASCAR did not prohibit my participation in the SRX series.”
– Brad Keselowski, Driver and Co-owner, RFK Racing
Gordon Smith of Hyak Motorsports echoed broader concerns about uncertainty, stating his view that the latest Charter is the most stable and beneficial deal available, while litigation threatens that stability.
“I believe that the 2025 Charter represents the best deal that HYAK Motorsports and the other participating teams were able to negotiate, and the stability and certainty afforded by the Charter system is a key and integral part of what enables us to have success. I have significant concerns about the current litigation given the uncertainty it brings and the detrimental effect it may have on the future of the sport.”
– Gordon Smith, Majority Owner, Hyak Motorsports
Veteran team owner Richard Childress credited the Charter system for improving team enterprise value and business stability over recent decades of competition.
“As a team owner for many decades, I believe in the concept of NASCAR’s Charter system. Given the challenging business model and economics that Cup Series team owners face, Charters are essential to creating enterprise value for teams. The Charter system has helped create long-term equity value and has allowed for team equity value to grow.”
– Richard Childress, Founder and Owner, Richard Childress Racing
Looming Trial Outcome Could Redefine NASCAR’s Future
As the trial date nears, the Denny Hamlin lawsuit declarations and supporting statements from key figures like Rick Hendrick, Roger Penske, Joe Gibbs, Calvin Wells, Brad Keselowski, Gordon Smith, and Richard Childress illuminate the diverse and often conflicting perspectives within the sport’s leadership. The case not only challenges NASCAR’s Charter system, but also brings uncertainty to teams, sponsors, drivers, and the broader motorsports industry.
If the court sides with 23XI Racing and Front Row Motorsports, Judge Bell’s comments indicate sweeping changes are possible, upending established business models, altering contractual structures, and introducing new precedents for governance and ownership in professional racing. With uncertainty lingering until the jury’s verdict expected in mid-December, the entire NASCAR community—spanning teams, sponsors, broadcasters, and fans across North Carolina, Charlotte, and beyond—must wait to see whether the current Charter structure can survive in its existing form, or if a new era of racing business is about to begin.
