In a significant development in the 23XI Racing antitrust case, Judge Kenneth D Bell has ruled that 23XI Racing and Front Row Motorsports can depose well-known NASCAR team owners Rick Hendrick and Roger Penske before their upcoming trial, scheduled for December 1. The ruling follows the teams’ ongoing legal action against NASCAR, filed in October 2024, and marks another important milestone as the case progresses.
The court’s decision permits 23XI Racing and Front Row Motorsports to question Hendrick and Penske, both of whom are on NASCAR’s official witness list for the trial. This move came after the teams highlighted that these individuals were added as witnesses after the standard discovery phase had ended, making deposition necessary to clarify their anticipated testimony. Judge Bell previously granted a summary judgment in the case—relating to how “premier stock car racing” is defined—narrowing the forthcoming trial’s focus to NASCAR’s potential abuse of influence within the racing market.
“Judge Bell has granted the motion by 23XI and Front Row to depose Rick Hendrick and Roger Penske prior to the trial as they are on the NASCAR witness list and, according to 23XI/FRM, they were designated as witnesses after the discovery deadline. https://t.co/ni7MiWa4hs”— Bob Pockrass (@bobpockrass) November 5, 2025
Rick Hendrick, one of the trial’s key figures, has led Hendrick Motorsports in the NASCAR Cup Series since 1984. Most recently, driver Kyle Larson secured the organization’s fifteenth Cup Series title at Phoenix Raceway earlier in November 2025, highlighting Hendrick’s ongoing influence in stock car racing. Penske, another major figure allowed for deposition, has managed race teams since the late 1960s, entering NASCAR in 1972. His organization, Team Penske, boasts five Cup Series championships, including an impressive run of three consecutive titles from 2022 to 2024.
Charter Agreement and Lawsuit Origins
The inclusion of Hendrick and Penske as witnesses is especially notable because both their organizations signed the 2025 charter agreement proposed by NASCAR. This agreement served as a flashpoint in the broader conflict between the racing teams and NASCAR, ultimately triggering the legal challenge. The charter deal’s terms and its effects on teams’ autonomy and operations are expected to feature prominently in court arguments when proceedings commence.
Trial Date and What’s Next
The legal case—brought forward by 23XI Racing and Front Row Motorsports—will proceed to trial on Monday, December 1. Judge Bell’s procedural decisions are likely to shape how both sides prepare, with anticipated testimony from veteran figures such as Hendrick and Penske expected to draw attention from across the motorsports community.
This ruling reflects ongoing scrutiny of NASCAR’s operational structure and the dynamics between race teams and governing bodies. As the antitrust case develops, its outcome could have lasting effects for organizations like Hendrick Motorsports and Team Penske, as well as for the business model of stock car racing as a whole.
Big 23XI / Front Row win today — Judge Bell has granted summary judgment on market definition of "premier stock-car racing" and that NASCAR has power in that market — trial will be focused on whether NASCAR unlawfully exercised its power in that market.
— Bob Pockrass (@bobpockrass) November 4, 2025
Judge Bell has granted the motion by 23XI and Front Row to depose Rick Hendrick and Roger Penske prior to the trial as they are on the NASCAR witness list and, according to 23XI/FRM, they were designated as witnesses after the discovery deadline. https://t.co/ni7MiWa4hs
— Bob Pockrass (@bobpockrass) November 5, 2025
