The 23XI Racing NASCAR antitrust lawsuit has stirred up long-standing tensions in the racing community, with former Cup Series driver Ken Schrader openly criticizing the team for filing suit against NASCAR in December 2024. The legal battle, involving 23XI Racing and Front Row Motorsports as plaintiffs, alleges that NASCAR’s charter and business practices violate federal antitrust laws, threatening the financial stability of competing teams.
Racing World Divided Over Lawsuit Against NASCAR
While most current and past NASCAR drivers have maintained silence since the antitrust trial began on December 1 at the U.S. District Court for the Western District of North Carolina in Charlotte, Ken Schrader and Mark Martin have emerged as outspoken critics. 23XI Racing, co-owned by NBA superstar Michael Jordan and three-time Daytona 500 champion Denny Hamlin, and Front Row Motorsports claim that NASCAR’s charter frameworks hinder teams’ abilities to turn a profit and maintain competitive balance. In court, Michael Jordan underlined specific team requests that were not met in NASCAR’s 2025 charter agreement—namely a larger share of sport revenues, more voting power on cost increases, permanent charters, and a one-third stake in any new business NASCAR pursues.
Since entering the Cup Series in 2021, 23XI Racing has quickly become a force, fielding cars for drivers such as Bubba Wallace, Tyler Reddick, and Riley Herbst. Meanwhile, Front Row Motorsports has participated continuously since 2005 under the ownership of Bob Jenkins. Yet, after refusing to sign onto NASCAR’s latest charter deal, both teams launched their high-profile lawsuit, drawing ire from within the tight-knit NASCAR community.

Schrader Voices Strong Objections to 23XI Racing’s Legal Move
During a December 6 episode of the Herm & Schrader podcast with Kenny Wallace, Ken Schrader did not mask his discomfort with the antitrust action against NASCAR. Schrader, a veteran with four career Cup Series victories between 1984 and 2013, expressed his frustration at the newcomers’ approach to the sport’s traditions.
“They come into automobile racing, and they invest millions and millions to put a couple of teams together. And they build this (race shop) and everything. And then they want to change (the sport). No, no. I have a big problem with that.”
— Ken Schrader, Former Cup Series Driver
Despite their grievances, 13 other Cup teams accepted the 2025 charter agreement, which secures driver starting spots and increases teams’ share of NASCAR earnings. Prominent owners such as Roger Penske, Rick Hendrick, the Wood Brothers, Joe Gibbs, and Richard Childress all signed the deal. Schrader remained doubtful of the lone holdouts—23XI Racing, Front Row Motorsports, and by extension their owners, including Michael Jordan, Denny Hamlin, and Bob Jenkins.
Calls for Compromise Went Unheeded, Schrader Says
Schrader believes both 23XI Racing and Front Row Motorsports demonstrated an unwillingness to compromise when negotiating with NASCAR. In contrast, others in the garage accepted that no agreement could ever fully satisfy every party.
“I talked to a couple of (the team owners), and they didn’t get everything they wanted.”
— Ken Schrader, Former Cup Series Driver
He relayed wisdom attributed to Rick Hendrick, a 15-time Cup Series championship owner and NASCAR Hall of Famer, emphasizing the give-and-take required in negotiations:
“‘When you’re negotiating, you don’t usually get everything you want,’”
Schrader said, paraphrasing Hendrick.
“‘But we got rid of some stuff we wanted to get rid of. And we got some more (money). We negotiated, and now we’re full speed ahead.’”
Schrader’s main frustration centered on the belief that 23XI and Front Row prioritized their own demands instead of reaching consensus for the sake of the sport. He saw their unwillingness to “give and take” as a stark break from the NASCAR tradition of resolving disputes internally.
“A couple of teams decided it wasn’t going to be that simple,”
Schrader asserted.
“That’s just looking at it just black and white. That’s just the facts.”
— Ken Schrader, Former Cup Series Driver
With a hint of exasperation, Schrader added:
“I’d like to have more money, too. But guess what? I don’t know who I can sue. I’ll bet if I could get my wife’s money. If I could sue her…”
— Ken Schrader, Former Cup Series Driver
Impact Felt Throughout NASCAR Community
The decision by 23XI Racing and Front Row Motorsports to sue has sent a jolt through NASCAR. Even NASCAR legend Mark Martin weighed in, sharing his worries for racing’s future and voicing clear concern about the divisive effects of the litigation.
“This lawsuit is devastating to the sport we love. I really hope we as fans come out of this better off, but I just don’t see a pathway that leads us to that. I’m worried about our sport. I want it to thrive.”
— Mark Martin, Former Cup Series Driver
For long-time participants, the legal showdown is more than a contract dispute—it evokes anxiety about NASCAR’s unity, stability, and growth. As figures like Ken Schrader, Rick Hendrick, Penske, and Joe Gibbs stand by the collective agreement, the outliers’ challenge threatens to deepen divisions already stirring among teams, owners, and fans alike.
As the Charlotte trial moves forward, all eyes in the racing world are affixed to the courtroom. The lawsuit’s outcome could reshape the relationship between NASCAR and its teams, affecting everything from financial health to competitive fairness—and determining, ultimately, whether the sport’s leaders can find common ground or head further down a path of conflict and uncertainty.
This lawsuit is devastating to the sport we love. I really hope we as fans come out of this better off, but I just don’t see a pathway that leads us to that.
I’m worried about our sport. I want it to thrive.— Mark Martin (@markmartin) December 4, 2025