Judge Kenneth Bell has ruled that 23XI Racing and Front Row Motorsports can take full depositions from Rick Hendrick and Roger Penske in their antitrust case against NASCAR, despite NASCAR’s efforts to restrict those interviews. This decision regarding the Rick Hendrick NASCAR deposition means both team leaders could be questioned more broadly unless NASCAR commits that neither will be called as witnesses at trial.
Judge Rejects Special Treatment in Depositions
Judge Bell declined NASCAR’s request to limit the topics Hendrick and Penske could be asked about, making clear his intent for a fair and public legal battle. As he wrote,
“The trial of this matter will be publicly and fairly contested under the relevant rules and law, without regard to the notoriety of the companies and individuals involved,”
Bell stated.
“No company or individual will be accorded special treatment.”
Bell wrote.
The ruling allows the plaintiffs, 23XI Racing and Front Row Motorsports, to pursue questions that go beyond the charter system, including the origins and value of the “Next Gen” car and the existence of charters in IndyCar. NASCAR had sought to limit deposition areas to these topics, but the teams are looking to investigate broader possible advantages held by veteran teams like Hendrick Motorsports and Penske within the sport. Both organizations enjoy a close working relationship with NASCAR, and the plaintiffs suggest possible preferential treatment may be a factor in the broader competitive landscape.
NASCAR’s Charter System Under Scrutiny
The antitrust lawsuit, which initiated in October 2024, centers on allegations of unfair business practices by NASCAR. The case points to the structure and management of NASCAR’s charter system—a setup that grants select teams guaranteed entry in Cup Series races and has become a crucial component of racing team business models and sponsorship deals. Rick Hendrick provided a sworn statement highlighting the positive effects of this system:
“Charters delivered guaranteed entry into Cup Series races for Charter holders, which provided stability and a more predictable business model that helped Hendrick Motorsports in myriad areas, including sponsorship sales – a critical revenue source for race teams in NASCAR,”
Rick Hendrick, Hendrick Motorsports.
He also underscored the risks posed to his organization and the industry if the current charter structure were removed:
“Most importantly, the Charter system has delivered on the teams’ goal of creating long-term equity value, as evidenced by the increasing sales prices of Charters in recent years. I believe the potential loss of Charters [i.e., reverting to the system that was in place prior to 2016, as opposed to improving upon the current Charter system] represents an existential threat to Hendrick Motorsports and other Cup Series race teams. It would jeopardize our business and risk the jobs of thousands of people who rely on our industry.”
Rick Hendrick, Hendrick Motorsports.
NASCAR included both Rick Hendrick and Roger Penske in the litigation through their written declarations supporting the charter system and its impact on their operations. While NASCAR sought to keep the interrogations within narrow limits, Judge Bell has granted 23XI and Front Row Motorsports broader leeway to search for evidence suggesting unequal treatment or unfair market advantages for the most storied teams.
Case Approaches Trial with High Stakes
Despite discussions between parties, settlement talks have failed, and the dispute is now scheduled to proceed to trial on December 1. The ruling on the Rick Hendrick NASCAR deposition may bring significant information into the open regarding how NASCAR works with its top teams, possibly reshaping the future of its business model and governance. On3’s Jonathan Howard contributed to this report.
Judge Bell has ruled that 23XI / FRM are allowed to depose Rick Hendrick and Roger Penske without the limitations requested by NASCAR … unless NASCAR "irrevocably commits not to call these individuals as trial witnesses." https://t.co/xo059aBiR6
— Bob Pockrass (@bobpockrass) November 11, 2025
