Last year NASCAR teams 23XI Racing and Front Row Motorsports filed a lawsuit against NASCAR over the sport’s charter system.

The Michael Jordan and Denny Hamlin owned 23XI originated the suit after refusing to sign the charter agreement for the next several years.  Front Row Motorsports joined 23XI while  the remaining teams , some very reluctantly, signed the agreement.

NASCAR presented the new agreements to the teams last September just 48 hours prior to the teams were set to begin the 2024 playoffs in a “take-it-or-leave-it offer”.

NASCAR is the sole controlling body of the sport which mandates the rules, conduct, and even how the teams may build and set up their cars that includes control over where car parts are acquired and how they are installed.

Court rulings have allowed the two team to operate this season under the 2024 charter rules.

However, NASCAR has filed a countersuit against Jordan, 23XI, and Front Row Motorsports.

In the countersuit NASCAR claims that the revenue-sharing charter system (which is unproportionately in NASCAR’s favour) is under the threat of being disbanded.

The 23XI and Front Row suit allege the charter system is a monopoly and a violation of anti-trust laws.

In the countersuit, NASCAR alleges, “Jordan business manager Curtis Polk willfully violated antitrust laws by orchestrating anticompetitive collective conduct in connection with the most recent charter agreements.”

The owners asked for the charter system back in 2016 and guarantee starting spots in a race to the teams who own the 36 charters; leaving four “open” spots to fill out the field.  However, with the exception of the Daytona 500, there are seldom more than 40 cars at any race; and more frequently less than 40.

The courts have ruled that 23XI and Front Row may operate under the 2025 charter rules; but NASCAR has appealed that ruling and is looking to have the entire case dismissed.

Representing 23XI and Front Row, attorney Jeffrey Kessler said, “today’s counterclaim by NASCAR is a meritless distraction and a desperate attempt to shift attention away from its own unlawful, monopolistic actions.  NASCAR agreed to the joint negotiations that they now attack. When those joint negotiations failed, they used individual negotiations to impose their charter terms, which most of the teams decided they had no choice but to accept.”