23XI Racing and Front Row Motorsports are playing a dangerous game. Not only are they going head-to-head with NASCAR and the France family, but the two teams could potentially change the way the sport operates for good. After the sanctioning body presented its final revenue-sharing proposal in September, 13 teams agreed to NASCAR’s terms even though most of them claimed that their backs were against the wall. It seems like Michael Jordan, Denny Hamlin, and Bob Jenkins are fighting a battle to have greater transparency in the sport.

However, NASCAR Insider Jeff Gluck believes that despite the NASCAR lawsuit, getting the sanctioning body to reveal its accounts will be easier said than done. The organization has been notoriously secretive about its revenue in the past, and The Athletic journalist feels that won’t be changing in the future.

Will NASCAR run the risk of taking the legal route?

With the playoffs well underway, it seems like the drama is not just heating up on the track. 23XI Racing and Front Row Motorsport’s federal anti-trust NASCAR lawsuit against the racing series and Jim France has dominated the headlines since the news became public. According to both teams, the new charter system is detrimental to the sport’s competition and is providing unfair terms to teams, drivers, and sponsors. The NASCAR lawsuit claimed, “The France family and NASCAR are monopolistic bullies and bullies will continue to impose their will to hurt others until their targets stand up and refuse to be victims. That moment has now arrived.”

While there’s no doubt both teams will be willing to take this battle to court, Jeff Gluck believes that NASCAR will hope to settle before it reaches the legal system. Speaking on The Teardown podcast, Gluck said, “You would think that in all reality, this will get settled beforehand. NASCAR to my knowledge has never opened up their books. Jim France is a party to this as well.”

Gluck went on to say, “In addition to NASCAR and the tracks having to show every bit of income, every bit of money that flows through NASCAR. Jim France would have to do the same as part of the discovery that happens pre-trial. Will NASCAR want to get to that point? Are they going to want to tell the teams?”

Gluck’s rhetorical questions highlight a key issue: NASCAR has never disclosed its revenue, using that secrecy to gain leverage in charter negotiations. If taken to court, NASCAR would have to open its books, potentially sparking more tension, especially among teams that accepted the charter deal. The organization claims it’s barely breaking even or operating at a loss, but legal proceedings would require them to prove it—something Jim France may want to avoid.

Michael Jordan breaks his silence on the lawsuit

If there’s one thing Michael Jordan is known for, it’s his competitive spirit. The NBA Hall of Famer is never one to go down without a fight, especially for what he believes in, and that’s exactly what he’s doing with the NASCAR lawsuit. He co-owns 23XI Racing alongside Denny Hamlin and, in collaboration with Front Row Motorsports, has hired antitrust attorney Jeffrey Kessler to represent the two racing teams. Kessler has built a good reputation after winning several high-profile cases, one of which helped the US National Women’s Soccer team reach the equal pay settlement.

Sharing his underlying motivation in seeking a legal outcome for the charter standoff, Jordan said, “Everyone knows that I have always been a fierce competitor, and that will to win is what drives me and the entire 23XI team each and every week out on the track. I love the sport of racing and the passion of our fans, but the way NASCAR is run today is unfair to teams, drivers, sponsors, and fans. Today’s action shows I’m willing to fight for a competitive market where everyone wins.”

As things stand, Kessler will be asking for a ‘preliminary injunction’ as part of the NASCAR lawsuit that will allow both 23XI Racing and Front Row Motorsports to compete in the 2025 season under the terms of the final charter proposal.

However, both teams are also looking for financial compensation for damages that they have sustained because of the sanctioning body’s anti-competitive terms since the initial charter agreement was reached in 2016. Could the NASCAR lawsuit change the sanctioning body’s approach towards transparency and help reach a middle ground with racing teams? Time will tell.