“I did not have the balls to do what 23XI and FRM are doing because I was afraid I’d lose my charters,” a team owner quipped after the two teams filed the NASCAR lawsuit. But apparently, NASCAR is already baring its teeth. Jim France’s dynastic company will move forward with 32 charter teams citing contractual obligations. Additionally, it ridiculed the antitrust discovery motion last Wednesday, calling it a bargaining do-over by Michael Jordan and Co. to extract “more favorable contract terms.”

However, Michael Jordan and his supporters have come prepared for this battle. The six-time NBA legend announced about the lawsuit, “I wouldn’t have filed it if I didn’t think I could win.” So in a recent round of counter-attacks, 23XI Racing and FRM have debunked NASCAR’s accusations.

Michael Jordan’s team rolls up its sleeves

In response to the NASCAR lawsuit’s claim of “monopolistic” practices, the France family had a slew of charges. They said Michael Jordan and Co. are using the expedited discovery process “as a weapon.” NASCAR described the plaintiffs’ request for documents going back to 2016 as “incredibly broad” since antitrust claims have a four-year statute of limitations. Additionally, Jim France and Co. insisted that the two teams want to enter into charter agreements that the group “previously rejected and which are no longer available.” However, Jordan’s group has a strong attorney by their side, Jeffrey Kessler. His response to NASCAR’s filing was no less razor-sharp.

NASCAR journalist Bob Pockrass detailed Michael Jordan and Co.’s response. In plain terms, NASCAR’s image as a ‘monopolistic bully’ was renewed. “23XI/FRM reply to NASCAR filing last week: “Defendants’ opposition prematurely argues the merits of Plaintiffs’ preliminary injunction, misrepresents the discovery that Plaintiffs seek, and, like any monopolistic bully, attacks Plaintiffs for daring to question their authority.” 

This falls in line with NASCAR’s tradition of wielding control for 76 years. As Richard Childress said, “You race in their park if you want to race NASCAR.”

Michael Jordan‘s legal team further continued its line of argument. It refuted NASCAR’s claim of not being able to reveal documents, as it is a basic legal requirement in the case. “23XI/FRM filing today primarily argues that documents they want prior to preliminary injunction hearing Nov. 4 will not be difficult for NASCAR to gather/produce and courts regularly grant expedited discovery to provide a more fulsome record for a preliminary injunction motion.”

Evidently, the courtroom drama is steaming, and Michael Jordan’s side is confident in this battle.

Courage to face the music

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Both 23XI Racing and Front Row Motorsports were motivated enough for this odd state of affairs. For two long years, the Race Team Alliance had negotiated with NASCAR for favorable charter terms. But the traditionalist France family made it clear that only their terms would gain the upper hand. 23XI co-owner Curtis Polk revealed a depressing truth in this case.

Drivers’ salaries are a fraction of what other athletes make compared to the overall revenue of various sports leagues. FRM owner Bob Jenkins has had to put “millions and millions and millions” of dollars into the team to be even remotely competitive.

Even Hendrick Motorsports’ star Kyle Larson admitted: “We’re probably one of the only sports, if not the only sport, where athlete salaries have gone down in the last couple decades.”

So undoing years of monopolistic practices needs courage, and Denny Hamlin asserted that 23XI and FRM have it. Hamlin said this lawsuit has been a long time coming. “It’s not like just one day we woke up and said, ‘This is going to happen.’ It’s provided relief for me to put more focus on (driving) the No. 11 car and everything I have to do there since (the lawsuit) is out and now there are other people out to speak on it from the legality standpoint.”

In a famous dialogue from ‘Moneyball,’ that Hamlin found relatable, “The first guy through the wall — he always gets bloody. This is threatening not just a way of doing business, but in their minds, it’s threatening the game.”