Folks, the lawsuit battle between Michael Jordan-co-owned 23XI Racing, Front Row Motorsports, and NASCAR is heating up, and it’s taking more twists and turns than your average road course! The latest on the matter is that NASCAR is claiming that the two teams colluded to get better terms in the charter agreement and that 23XI Racing co-owner Curtis Polk orchestrated a boycott of a qualifying race in Daytona, violating antitrust laws. This was an attempt by NASCAR to dismiss the preliminary injunction granted to the teams in the case. And for some time now, it’s been feeling like NASCAR is running out of options and is growing desperate. Look at their recent move!

But before we discuss that, even the two teams feel the same. 23XI Racing and FRM filed a motion to dismiss the counterclaim of NASCAR. Calling it “an act of desperation that cannot withstand a motion to dismiss.” Well, the court is yet to decide on this, but meanwhile, NASCAR is trying another thing, hoping that it will stick. But all it has done so far is make fans join in to ridicule the sanctioning body.

Does NASCAR’s latest move make any sense?

It’s been a while since this has been going on, so let us give you a refresher. In 2024, NASCAR brought the new charter agreement, and all but two teams, Denny Hamin and Michael Jordan’s 23XI Racing and Bob Jenkins’ Front Row Motorsports, signed it. Rather, in October, they filed an anti-trust lawsuit against NASCAR, accusing it of “monopolistic practices.” Meanwhile, they also filed a preliminary injunction request, which allows them to compete as charter teams while continuing their fight in the lawsuit. And this means the teams still get all the benefits, guaranteed entry in every points race, a cut in the race purse, and some others.

On top of that, NASCAR also had to approve the teams to get a third charter from the defunct Stewart Haas Racing. Basically, now the two teams have three drivers, getting more share out of the race purse. Naturally, NASCAR doesn’t want that, so they filed that counterclaim. And while we wait for the court to rule on that, they have made another accusation. But this time on the court itself!

NASCAR Journalist Bob Pockrass, in his recent X post, wrote, “NASCAR filed reply to 23XI/FRM response to NASCAR appeal of injunction order. NASCAR on if Cup racing is a market: “NASCAR identified … critical legal errors in the decision … like the district court’s faulty market definition, which was rooted in the wrong economic theory.””

What this is referring to is Judge Kenneth Bell’s order on December 18th regarding NASCAR having the monopoly. In a written statement, he said, “NASCAR’s Cup Series is the only premier stock car racing series in the United States, and premier stock car racing is a distinct form of automobile racing with unique cars and highly specialized racing teams for which other types of motorsports like Formula 1 and IndyCar are not substitutes. Therefore, NASCAR fully controls which race teams can compete at the highest level of stock car racing — effectively, it has a 100 (percent) market share.” This ruling by Judge Kenneth Bell was the game-changer for Michael Jordan‘s team and it’s no surprise that NASCAR is trying to do their best to overturn it.

The initial ruling by Judge Frank Whitney was in favor of NASCAR, and Michael Jordan’s team was set to run as an open team in 2025. This was a daunting prospect for the team and even led to Tyler Reddick and Bubba Wallace almost opting out of their contracts for the season. However, when Judge Whitney was replaced by Judge Bell, the court case took a complete 180-degree turn, and since then, it’s been all 23XI and Front Row. The preliminary injunction, along with the allegation of ‘monopolistic practices’, was sanctioned, and this left NASCAR in a pickle, as they did not expect to go to trial.

This is the kind of monopoly that the teams are also claiming NASCAR has. So naturally, this won’t bode well for NASCAR in the trial. Hence, they even attempted to file a motion to dismiss the entire case. But that request was denied, and the trial date was set for December 1st, 2025. And it feels like NASCAR is doing all it can to throw out the case before the trial commences. And now even the fans have caught up to it.

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Fans left annoyed by NASCAR

Well, before we get to trial, there’s the hearing on the counterclaim filed by NASCAR. And according to Pockrass, “The hearing on the appeal to the injunction that NASCAR allows 23XI and FRM to be chartered teams for 2025, including the SHR charters that were transferred to them, is still scheduled for May 9. A decision would then come in the following weeks.” But before that, they ridiculed the market definition stated by Bell. And fans couldn’t help but take potshots at them being so desperate. One fan wrote, “NASCAR has some pretty s—– lawyers, I guess its the same dumbasses who create the rules also.” Another fan echoing the same emotion wrote, “OMG this is getting stupid and annoying. Mom and dad just arguing over what’s right for the kids.”

Even the teams have spoken about how the argument on the other side is not factual. Filing the motion to dismiss the counterclaim, Michael Jordan-led 23XI stated, “NASCAR nowhere alleges facts plausibly showing that any of the Counterclaim-Defendants’ conduct resulted in reduced output, increased prices, decreased quality, or any other anticompetitive effects in the alleged market for the entry of cars into NASCAR races.”

And it’s feeling like nothing is working in NASCAR’s favor. If this continues, other teams might soon join in the battle. In fact, there is a possibility that we might not even have a charter system in the future. Recently, Jenna Fryer of AP Sports stated, “Should 23XI and Front Row prevail, it is believed NASCAR will eliminate the charter system outright.” And after what Pockrass wrote on X, fans think NASCAR should just accept defeat. One fan on this wrote, “NASCAR needs to give up and take the L.” Another fan expressing the same emotion added, “Incompetent court statements and tariffs on single-source parts. NASCAR is getting fried.”

One fan took this opportunity to touch on a different subject with a sly jibe. For the longest time, the sport’s popularity has been tanking. Be it the format or the subpar short track package, or their failing to make quick decisions. The most recent example is the Martinsville Xfinity Series race when Sammy Smith robbed Taylor Gray of his first win, and while many fans called for a suspension, NASCAR stuck to a 50-point penalty and $25,000 fine. Fans think NASCAR has failed to appease its fans. Echoing this sentiment, one fan wrote, “NASCAR cannot even define its fan base. How do they plan on defining their market?”

What do you think, folks? Who is winning this lawsuit? Share your thoughts with us in the comments below.