“Monopolistic bullies” vs. “Illegal cart wheel.” That’s where the antitrust lawsuit has reached after NASCAR decided to countersue 23XI and Front Row, and Polk was singled out as the leader who was against the charter proposals. In fact, they claimed that “the undisputed reality is that it is 23XI and FRM, led by 23XI’s owner and sports agent Curtis Polk, that willfully violated the antitrust laws by orchestrating anticompetitive collective conduct in connection with the terms of the 2025 Charter Agreements,” in March. The Plaintiffs retaliated and requested that the counterclaim be dismissed while also trying to defend Polk. And now, 23XI and Front Row have yet another way of giving NASCAR a big blow!

You see, Toby Christie took to X to share a new update that sheds light on a surprise party that could help Michael Jordan’s side: “On Monday, 23XI Racing and Front Row Motorsports filed a motion with the US District Court of Colorado seeking to compel Liberty Media (F1 Owner) to comply with a subpoena, which will help calculate damages in an antitrust lawsuit against #NASCAR using the “yardstick,” method.” Initially, Liberty Media refused to divulge any details, citing confidentiality. But here’s the thing:

The Plantiffs originally requested eight documents from F1, and the information they needed was from January 1, 2016, to December 31, 2024. That’s the exact timeline that is associated with NASCAR’s charter system launch. 23XI and Front Row wanted to use the yardstick method and compare F1’s revenue structure (and sharing) with that of NASCAR’s. So when Liberty Media refused, the Plaintiffs argued that the data would be important to show NASCAR’s anti-competitive control and hence, they narrowed down their request to five pieces/documents of information:

• Documents to show revenue. For instance: Media, ticket sales, etc., and the amount that is shared with or among the teams.
• Documents that show the formula for splitting those revenues among the teams and F1.
• Documents that can show the revenue they shared with the teams.
• Valuations or sale prices of F1 teams.
• Concorde Agreement (which is a contract between F1, the governing body, the FIA, and the F1 teams).

It’s not just F1’s Liberty Media that MJ and his team have tried to reach out to in their battle against NASCAR. According to an update by Bob Pockrass on X, 23XI and FRM have also reached out to the NFL, NBA, and NHL to comply with subpoenas. They filed a motion in the US District Court in NYC on March 31st to get help from the leagues in their case against NASCAR. Wait, there’s more to the story!

As per the most recent update (Colorado filing this week), Michael Jordan’s side claimed that F1 “refused to produce the requested information” and this was despite the fact that they had asked for only five important documents—a request which was made on February 19. “F1 has no valid basis for its refusal to produce the requested information,” they stated. However, it seems F1 does have some valid concerns. When they first received the subpoena (in February), they refused the NASCAR teams’ request, as it required the sharing of sensitive information, trade secrets, and financial and commercial information. They aren’t wrong here.

For example: The Concorde Agreement (Formula 1 doesn’t have charters and instead has the Concorde Agreement) is protected information and requires confidentiality. It originated in the 80s and has been updated frequently as it is a contract between several parties. Also, how F1 shares revenue with its teams is also not publicly known. That being said, it is possible for courts to protect such documents and make sure that only counsel, experts, and the court see those papers.

NASCAR and 23XI, and Front Row’s next trial is scheduled to begin on December 1. The latter party won the preliminary injunction against NASCAR, which allows them to participate in races just like charter teams this season. But while all this is happening, another legal battle is brewing between two NASCAR teams, and once again, the charter system is at the center of the dispute.

Legacy Motor Club secures a small win against RWR!

Throughout the off-season, Jimmie Johnson’s LMC was rumored to expand to a three-car operation heading into 2025. But nothing really took place. They continued to field two cars, the No. 42 and No. 43; meanwhile, RWR, who also owned two charters, kept one for themselves and leased out a charter to RFK Racing. This allowed Brad Keselowski and his team to expand to a three-car operation and add Ryan Preece to their driver lineup. But, this is where things got tricky as RWR wasn’t able to fulfil the contractual agreement that they had signed with Legacy.

As it turns out, the silly season rumors were indeed true. RWR signed the deal assuming that they would have to hand over a charter agreeing to the sale in 2027 and not in 2026. Clearly, LMC wasn’t buying into it and opted for a legal route in settling this dispute. The thing is, RCR cannot hand over the No. 51 charter to LMC mid-season, and the same is the case with the charter they leased out to RFK Racing.

So, Johnson and his team filed for a temporary restraining order (TRO) in Mecklenburg County Clerk of Superior Courts, and this went through. Now, the TRO will prevent RWR from selling or leasing the charter that is under dispute. Well, the current valuation of this particular charter is reported to be around $45 million, and there’s been a huge shake-up in the Cup garage ever since Stewart Haas Racing left the sport and put out three of their charters on the market.

It will be interesting to see how the two teams resolve this issue. There’s an option for settlement outside the court as well. On the flip side, there’s a possibility that RFK Racing might not be able to continue running as a three-car team in 2027 if RWR continues to field a full-time ride.