NASCAR sued 23XI Racing and Front Row Motorsports, stating in court documents that the two companies “willfully” violated antitrust laws by essentially trying to ‘blow up’ the Charter system to obtain their financial goals.
Teams that have charters are guaranteed 36 spots each race weekend.
The lawsuit, filed Wednesday in the Western District of North Carolina and obtained by USA TODAY Sports, also names Curtis Polk, who is Jordan’s agent, as a defendant. 23XI Racing is co-owned by Jordan, Polk and driver Denny Hamlin. Front Row is owned by Bob Jenkins, who made his fortune as a restaurant franchisee.
The countersuit from stock car racing’s biggest division follows 23XI Racing and Front Row Motorsports, suing NASCAR in October, calling them ‘monopolistic bullies,’ accusing the organization of restraining fair competition and violating the Sherman Antitrust Act, preventing teams from competing ‘without accepting the anticompetitive terms’ it dictates.
The recent charter agreement was presented to teams in September, just days before the start of the NASCAR playoffs. 23XI and Front Row Motorsports were the only two teams who did not sign it.
Takeaways from new lawsuit involving Jordan, Front Row and NASCAR
In the lawsuit, NASCAR said the two teams ‘willfully violated the antitrust laws by orchestrating anticompetitive collective conduct in connection with the terms of the 2025 Charter Agreements, alleging that the two teams are unhappy with the commercial terms of the current deal
“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,” the lawsuit said. “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.”
NASCAR says that Polk conspired to undermine business through shady negotiating and that his schemes date back to June 2022, alleging Polk violated the Sherman Antitrust Act, which outlaws monopolistic business practices. The organization also said that Polk made boycott threats when it came time to negotiate the new charters, likening his team to an ‘illegal cartel, who used ‘active threats and coercive behavior,’ to maintain their status.
‘Curtis Polk knowingly and actively orchestrated and participated in this illegal conspiracy, while working as a member of the TNC on behalf of the (Race Team Alliance) and aiding 23XI’s and Front Row’s participation in the scheme, also constituting a violation of Section 1 of the Sherman Act, 15 U.S.C. § 1,’ the lawsuit said.