The highly anticipated 23XI Racing antitrust lawsuit against NASCAR is set for a dramatic jury trial this December, as settlement efforts between major Cup Series teams and the stock car racing organization have collapsed in court. The proceedings, taking place in Charlotte, are poised to significantly influence the financial framework and competitive dynamics of NASCAR for years to come.
December Jury Trial Poised to Alter NASCAR’s Future
After months of tense negotiations aimed at averting litigation, both sides in the 23XI Racing antitrust lawsuit appeared in court following unsuccessful settlement discussions led by Judge Kenneth D. Bell. Throughout the mediation process, Judge Bell, who has presided over the dispute for more than a year, commended the parties for earnestly seeking a compromise, though ultimately those conversations did not bridge the divide.
The legal confrontation escalated during Thursday’s session when the teams’ attorney, Jeffrey Kessler, launched an assertive offensive against NASCAR, departing from earlier, more defensive arguments. This shift caught the sanctioning body by surprise, setting the stage for an intensive exchange in court.
Central to the deliberations were the summary judgment motions presented by both parties. The teams, including 23XI Racing—owned by NBA icon Michael Jordan—and Front Row Motorsports, backed by restaurateur Bob Jenkins, framed NASCAR’s dominance specifically within the realm of premier stock car racing. They asserted that NASCAR essentially controls this narrow segment, whereas NASCAR contended that its influence does not extend to the entirety of the motorsports industry.
If Judge Bell rules in favor of the teams, it could legally recognize NASCAR’s monopoly over the Cup Series, which is based in Charlotte. However, the judge made it clear that the facts are contentious and unresolved, hinting that only a jury can fully decide these high-stakes issues.
Arguments of Collusion and Allegations of Monopolistic Practices
During the three-and-a-half-hour hearing, NASCAR’s legal team portrayed the actions of 23XI Racing and Front Row Motorsports during the two-year charter agreement negotiations as “classic cartel behavior.” Teams involved have consistently argued for a more balanced revenue-sharing model, but NASCAR’s counsel claimed that specific interventions by 23XI Racing co-owner Curtis Polk hindered productive negotiations, potentially jeopardizing critical media rights negotiations for the sport’s future.
NASCAR’s attorneys also referenced a supposed team “boycott,” tied to public comments made by driver Denny Hamlin in the previous year. Attorney Jeffrey Kessler strongly denied the legitimacy of these claims, noting that 13 of the 15 teams ultimately signed NASCAR’s proposed charter agreement in September 2024, which undercuts arguments suggesting organized collusion led by Polk. This back-and-forth underscored the depth of disagreement and the fragile relationships among owners, drivers, and NASCAR’s leadership.
The hearing’s intensity peaked with Kessler’s pointed remarks, which directly challenged NASCAR’s integrity. As relayed by reporter Jordan Bianchi, Kessler declared:
“Today’s hearing confirmed the facts of NASCAR’s monopolistic practices and showed NASCAR for who they are, retaliatory bullies who would rather focus on personal attacks and distract from the facts. My clients have never been more united and committed to ensuring a fair and competitive sport for all teams, partners, drivers, and fans. We’re going to trial to hold NASCAR accountable.”
– Jeffrey Kessler, Teams’ Attorney
Implications and the Road Ahead
This emphatic statement underscored the teams’ commitment to pursuing the trial route instead of further settlement, a decisive turn that NASCAR had previously sought to avoid. Throughout the proceedings, key figures such as Michael Jordan, Curtis Polk, Denny Hamlin, and Bob Jenkins have emerged at the focal point of the legal battle, highlighting the stakes for owners, drivers, and partners alike.
Judge Bell announced his intention to issue rulings on the respective summary judgment motions in the coming weeks, which will resolve some preliminary disputes ahead of the next court date scheduled for mid-November. The outcome of the forthcoming jury trial holds immense significance not just for the litigants but for the future of the NASCAR Cup Series itself, as its financial model, governance, and relationship with teams could change fundamentally depending on the verdict.
As both parties brace for a contentious courtroom showdown, the 23XI Racing antitrust lawsuit now stands as a pivotal chapter in NASCAR history, with the potential to reshape stock car racing’s competitive landscape and spark changes that reach far beyond the immediate dispute.
Statement from Jeffrey Kessler, attorney for 23XI Racing and Front Row Motorsports, on today's hearing. pic.twitter.com/sMqMrJFjVT
— Jordan Bianchi (@Jordan_Bianchi) October 23, 2025
