The latest update in the antitrust lawsuit by 23XI Racing and Front Row Motorsports against NASCAR could spell bad news for both teams.
On Wednesday, the teams’ request for the Fourth Circuit Court of Appeals to rehear their case was denied.
That put 23XI and FRM — who each run three entries in NASCAR Cup Series competition — at risk of losing their charters ahead of the July 20 race at Dover Motor Speedway. All six entries from 23XI and FRM will run as chartered entries this weekend at Sonoma Raceway.
23XI Racing and Front Row Motorsports initially sued NASCAR in an anti-trust case in October 2024, alleging that the sanctioning body has “anti-competitive and monopolistic control of the sport.”
23XI and FRM both declined to sign NASCAR’s new charter agreement in September 2024, but an injunction in December 2024 ruled that both organizations could field their cars as chartered entries in 2025.
A loss of charters would put 23XI and FRM’s drivers in danger of failing to qualify for races, but the bigger issue would be financial — un-chartered teams earn far less purse money than chartered organizations. 23XI has stated that it is committed to racing this season regardless of charter status.
A trial in the case is set Dec. 1, but a settlement before then is something lawyer Jeffrey Kessler and 23XI Racing co-owner Denny Hamlin would be open to.
“I have stated publicly that I’ve always hoped cooler heads would prevail,” Hamlin said in a news conference at Pocono Raceway on June 21. “I can tell you that it’s not on our end that needs cooler heads. We’ve said that. The difference is, they (NASCAR) are saying different things on their end. We’re prepared to go all the way.”
While it’s not likely that a 23XI or FRM entry would miss a race because of field sizes that rarely exceed 40 cars, the financial impact of losing charters would have on the teams — especially Front Row — can’t be understated.
