NASCAR wasn’t going to back down after 23XI Racing and Front Row Motorsports secured the preliminary injunction. But no one saw them filing a counterclaim against the two teams in the hopes of winning this legal battle. Initially, the sanctioning body hit out at team owners and their stance over the disagreements over the charter deal. But now Curtis Polk seems to be on their radar as NASCAR claimed that he was the one who staged the rebellion behind closed doors.

“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,” NASCAR stated in their latest filings. 

NASCAR like the NBA and NFL doesn’t have a franchise system. The France family privately owns the sport and has done the business in a manner they deem right. Well, this is where MJ and Bob Jenkins disagreed and that has led to a full-fledged battle between the two parties. Chris Yates, the lead counsel representing NASCAR even went on to state that the series never wanted the have a charter system in the first place. Rather it was the team who forced them into this business deal.

“The teams wanted the charter system, and NASCAR went along with that request. NASCAR doesn’t need the charter system. Although it believes the charter system has strengthened the sport and benefited racing teams, it doesn’t need the charter system.” Yates stated. Well, the charters were the only thing that has kept the teams afloat at a time when the sport is on the decline. It provided an avenue for teams to have some sort of return on their investment, especially when the operational cost is believed to be $20 million per year.

So NASCAR is indeed playing a tricky game. Despite signing a new charter deal with the teams last year in a controversial manner, they are open to eliminating the system itself. At least, this is what seems ideal for them. With no charter system in place, they can easily tackle the 23XI Racing and FRM’s anti-trust claims in the court.

However, the racing community isn’t buying into NASCAR’s gimmicks with their latest move and took to social to share their honest take.

NASCAR doing everything to avoid the inevitable

23XI Racing and FRM managing to get the injunction was like a slap in NASCAR’s face. They were the ones who sued them over the system that pays the teams and on top of it all, they wanted to reap the rewards of the system by not signing the new deal. No wonder, NASCAR is in a defensive mode trying to cover their bases before they take a big hit. But, their latest course of action wasn’t taken well by the fans as they responded to their recent arguments. “bruh they can’t just take the L and move on 💀😭”

Another fan summarised the opinion of the general public in his direct and to-the-point comment, “The desperation is starting to get the best of them. They’re on the losing side of this one and everyone in the sport knows it but them”. If everything did go by the timeline set by the judge, the two parties were going to proceed towards the lawsuit. This meant that NASCAR needed to come clean on their finances and how they cracked the deal behind closed doors. What better way to hide your dirty laundry than to throw in another distraction? And fans feel this is what NASCAR is relying on to salvage the situation.

Interestingly, this isn’t the first time NASCAR is dealing with antitrust claims. Back in 2002, Francis Ferko, a shareholder in SMI took NASCAR to court over the scheduling of a NASCAR race in Texas. But despite the back and forth, NASCAR was able the settle the dispute without the court’s intervention. Kentucky Speedway followed suit in 2009 for not finding a place on NASCAR’s schedule. But, the court favored the France family leaving another challenger in dust. Rockingham did get a date the following year after SMI took over the ownership, but just like the previous case, NASCAR remained untouched.

If we are to take a look at other similar incidents the precedent seems to be set. And it clearly shows that the France family and their company haven’t tasted defeat. But, despite the history favoring NASCAR and its allies, fans believe that Michael Jordan and 23XI Racing will change the sport for good with the lawsuit. “MJ will win this … NASCAR has zero chance”.

Fans, however, were still not convinced and decided to let their frustrations known, with one fan commenting, “@NASCAR trying to use antitrust laws as a reason to sue for anything is one of the funniest things I’ve ever seen,” describing how they felt about NASCAR using antitrust laws to sue Jordan’s 23XI Racing. While this fan put his view in a well-explained and articulated manner, another was, let us say, more direct with his opinion, simply commenting, “Losers @NASCAR.” 

One thing’s for sure, fans are not happy with NASCAR counter-suing 23XI Racing and Front Row Motorsports as they refuse to sign the new charter agreement. Will NASCAR be successful in their endeavor against Jordan and his team? Is the charter system in jeopardy? These are the questions that only time can answer.