“Illegal cartel.” These are the words NASCAR used to describe 23XI Racing, Front Row Motorsports, and Michael Jordan’s business manager, Curtis Polk. The harsh words came after the sanctioning body opted to file a counter-lawsuit in a North Carolina federal district court. They claimed that the counter defendants were demanding preferred terms for the charter agreement, violating federal antitrust law in the process through an alleged conspiracy by limiting competition and increasing payments.

The move puts Denny Hamlin and Bob Jenkins’ teams in an unfamiliar position. Both 23XI and Front Row will now be forced to engage in a defensive legal battle in the trial court and the U.S. Court of Appeals for the Fourth Circuit. Could the accusations levied against both the teams have any merit?

Denny Hamlin backs Polk’s contributions towards 23XI Racing

NASCAR isn’t willing to go down without a battle. The sanctioning body seems to have played the reverse card when it comes to filing an anti-trust lawsuit against 23XI Racing and Front Row Motorsports, claiming that both teams did not just “merely reject” the charter terms offered last year. The organization claims that Denny Hamlin and Bob Jenkins’ teams “embarked on a strategy to threaten, coerce and extort NASCAR into meeting their demands for better contract and financial terms.” Naturally, the wild accusations weren’t met very well by either team or Curtis Polk, who claimed it was a deflection tactic to distract from NASCAR’s unfair practices.

Denny Hamlin was surprised by the claims levied against them, going on to say on the Actions Detrimental podcast, “Certainly, I was very surprised to hear some of the accusations that were said. All I can really tell you is that I’ve been in business now with Curtis (Polk) for five years. The guy is one of the most respected businessmen in all of sports. He’s been in the business in multiple sports. He helped us build this race team into a championship calibre team by year five, which is what our goal was.”

Curtis Polk has been an integral figure in Michael Jordan’s career, as well as 23XI Racing’s mercurial rise in the NASCAR world. He’s not just a business manager and a financial adviser but a close friend and confidant of the NBA Hall of Famer, playing a key role in the basketball star’s Air Jordan line as well as his ownership role with the Charlotte Hornets. It’s an association that goes back three decades but could potentially be at risk, given NASCAR’s ongoing counter-lawsuit.

The claims levied against Polk by NASCAR are quite serious, too. The official court documents state that “Polk, 23XI, Front Row and their co-conspirators agreed to attempt to interfere with NASCAR’s media rights negotiations in order to extract even better terms under the 2025 Charter.” NASCAR signed a $7.7 billion media rights deal, adding The CW, Prime Video, and other broadcasters to FOX, which was the only broadcaster for years. They feel that Polk’s comments on NASCAR severely affected the deal going through as it was painting the organization in a bad light.

NASCAR’s lead attorney Chris Yates was heard saying, “I don’t think Mr. Polk really understands the sport”, a claim that Denny Hamlin described as “laughable.” The veteran racer went on to say that he was proud of doing business with Polk, describing him as a “trailblazer” whose new ideas have changed the way 23XI Racing operates every time they hit the racetrack. It’s clear that 23XI and Front Row Motorsports recognize they have a legal fight on their hands, and both the teams, along with Curtis Polk, will be prepared for the upcoming trial in December.

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Hamlin issues a warning to media members amidst lawsuit chaos

In an era of false news and misinformation, the responsibility of journalists is bigger than it has ever been. Recently, NASCAR held its first formal media availability after filing the countersuit, a drastic shift in their approach after previously refraining from making public statements and taking questions. During the session, the sanctioning body’s lead attorney, Chris Yates, was asked about the demands made by 23XI Racing and Front Row Motorsports, and the Lathan & Watkins partner went on to claim that their expectations were not clear.

According to Yates, both the teams are receiving 49% of media revenue, a significant increase from the 2016 agreement. A post on X sharing details about the conversation was uploaded by journalist Claire B. Lang, which prompted Denny Hamlin to respond, “You should have a fact checker in the room at all times.” That’s quite a direct shot at not just the journalist for false reporting but at NASCAR as well for giving a distorted account of the ongoing situation.

The stakes are higher than ever for everyone involved in the ongoing legal battle. NASCAR has controlled the sport with an iron fist so far, but if 23XI Racing and Front Row Motorsports win the anti-trust lawsuit, it could alter the dynamics of the motorsports series forever. Going head-to-head against the France family has been a bold move, but the future of either team and the sanctioning body hangs in the balance based on the court’s verdict. Who will succeed? Time will tell.