NASCAR News: It's Tit-for-Tat in the NASCAR Antitrust Lawsuit

NASCAR on Wednesday filed a counterclaim against Michael Jordan-owned 23XI Racing and Front Row Motorsports for “willfully” violating antitrust laws by orchestrating anticompetitive collective conduct in connection with the most recent charter agreements.

23XI and Front Row were the only two teams out of 15 that refused to sign the new agreements, which were presented to the teams last September in a take-it-or-leave-it offer a mere 48 hours before the start of NASCAR’s playoffs.

In the counterclaim filed Wednesday — which names Curtis Polk, Jordan’s longtime agent, as a defendant — NASCAR said “the undisputed reality is that it is 23XI and FRM, led by 23XI’s owner and sports agent Curtis Polk, that willfully violated the antitrust laws by orchestrating anticompetitive collective conduct in connection with the terms of the 2025 Charter Agreements.”

Michael Jordan and Business Manager Curtis Polk (R)

“This is not the first time that 23XI and FRM have sought to impose their viewpoints, and those of their counsel, on the racing teams writ large,” NASCAR continued. “And it is truly ironic that in trying to blow-up the Charter system, 23XI and FRM have sought to weaponize the antitrust laws to achieve their goals.”

Jeffrey Kessler, the attorney for the teams, issued the following statement:

“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.

My clients’ lawsuit has always been about transforming NASCAR into a more competitive and fair sport for the benefit of drivers, fans, sponsors and teams because of their love of the sport. Every major sport goes through a transition to competition when
antitrust claims are asserted, and that moment has come for NASCAR.

Today’s baseless filing changes nothing. We are confident in the strength of our case and look forward to presenting it at trial.”