The antitrust lawsuit filed by 23XI Racing and Front Row Motorsports against NASCAR has taken several twists and turns since the saga started last fall, and NASCAR recently filed a counterclaim accusing the teams, specifically 23XI Racing co-owner and longtime Michael Jordan agent Curtis Polk, of conspiracy to use tactics violating antitrust law in order to bolster the terms of the charter agreement.
The new agreement, which was put in place ahead of the 2025 season, provides teams with 49% of the revenue, up from between 38% and 40% of the previous agreement.
Though the two teams did not sign the charter agreement, a judge ruled over the offseason that they must be allowed to compete as chartered teams in 2025, and not just as two-car teams, but as three-car teams, as it was also ruled that the transfer of Stewart-Haas Racing's charters, one to each team, must not be blocked by NASCAR.
While the main substance of the counterclaim seems more like the two sides are just going in circles at this point, with 23XI Racing and Front Row Motorsports calling the counterclaim a "meritless distraction", another interesting item surfaced from the whole ordeal.
NASCAR threatens all teams, not just 23XI and Front Row
According to AP News, NASCAR attorney Christopher Yates has stated that NASCAR doesn't need the charter system.
The charter system was implemented in 2016 because the teams fought for it. Yates added that the most recent agreement, signed by 13 of 15 teams, is "fair and equitable", but he also made clear that NASCAR gets very little benefit from it and that NASCAR could do away with it completely if 23XI Racing and Front Row Motorsports continue to try to get their way.
Even if it isn't done away with completely, it could still be revised in that starting spots are no longer guaranteed for chartered teams.
Isn’t this basically blackmail
— Slice of Anime 💚 (@TheSliceofAnime) March 5, 2025
Like how can you say “drop this lawsuit or we might take away this promise from everyone”
This should sound the alarm for the other 13 teams, the teams that already agreed to the new charter agreement. The agreement extends through 2031, in alignment with the new media rights deal, and there is an option to extend it through 2038.
If NASCAR is getting frustrated with the current chaos, eliminating the charter system entirely will only open things up for more chaos. Right now, there are two teams that are upset. Threatening everybody else does not seem to be the best way to go about this scenario.
With things having seemingly gone 23XI Racing's and Front Row Motorsports' way thus far, specifically in regard to being allowed to race with charters in 2025 (as they should be, considering the huge price tags attached to owning one, let alone three), this kind of statement/threat comes off as desperation from NASCAR.
It does indeed look more like blackmail than anything, and fresh off making accusations of conspiracy, it reads like nothing more than the pot calling the kettle black.
— Dustin (@SwampDragon3) March 5, 2025
It also sort of vindicates the stance of the teams in regard to classifying NASCAR and the France family as a monopoly, yet another indication that NASCAR is only digging itself into an even bigger hole.
Given how long this legal matter has seemingly gone in circles since October, there is very little way of knowing when there will be any sort of final resolution.