In an effort to keep things civil before their courtroom battle, attorneys for NASCAR, 23XI Racing, and Front Row Motorsports (FRM) have agreed to a set of pre-trial ground rules. The deal, first reported by veteran motorsports journalist Bob Pockrass, is meant to keep December’s high-stakes NASCAR antitrust lawsuit focused on the facts, not personal attacks.
The trial is scheduled to begin on December 1, 2025, in Charlotte, North Carolina, where the two teams will face off against NASCAR over what they claim is an unfair and monopolistic business model.
Pre-Trial Stipulations Aim to Keep the Case Professional
The stipulations, filed October 27, were jointly submitted by both sides to prevent unnecessary drama. Under these rules, lawyers are prohibited from launching personal attacks, referencing any previous lawsuits involving the same attorneys, or discussing the 2018 resignation of former NASCAR CEO Brian France, who stepped down following a DUI and oxycodone possession arrest in New York.
As outlined in the court filing, lawyers for NASCAR, 23XI Racing, and Front Row Motorsports agreed: “Not to make personal attacks against each other. Not to discuss or refer to cases where they opposed one another. Not to discuss reasons behind Brian France’s departure from NASCAR.”
These guardrails signal that both sides want to keep the proceedings focused squarely on NASCAR’s charter system, the real heart of the dispute.
Teams Take Aim at NASCAR’s Charter System
The lawsuit, filed in 2024 by 23XI Racing (co-owned by Michael Jordan and Denny Hamlin) and Front Row Motorsports, accuses NASCAR of using its monopoly power to control team revenue and independence.
The teams argue that NASCAR’s charter system, introduced in 2016, locks teams into rigid agreements that favor established organizations and limit smaller ones from earning fair returns. The system guarantees 36 of the 40 race spots and provides those chartered teams with a larger share of the sport’s revenue.
“Instead of treating the racing teams as valued business partners, NASCAR has exploited its monopoly power to deprive them of a fair opportunity to make a reasonable return on their substantial investments, 23XI Racing and Front Row Motorsports argued.”
While NASCAR maintains the charter system has created financial stability and over $1.5 billion in team equity since its inception, the plaintiffs argue it stifles competition and restricts team autonomy.
Both 23XI and FRM refused to sign new long-term charter extensions last year, saying the proposed terms would have “locked them into” an unfair deal.
The lawsuit seeks hundreds of millions of dollars in damages, alleging that NASCAR’s model violates U.S. antitrust laws.
NASCAR Defends Its Model Amid Growing Scrutiny
NASCAR , which is still under the helm of the France family, continues to claim that its system has revitalized the sport by providing teams with consistency and long-term worth. Nevertheless, the prohibition of any reference to Brian France’s departure is a clear indication that the issue of the organization becoming more and more fragile from the inside is still quite sensitive for the sanctioning body.
The antitrust lawsuit is becoming the turning point of the most consequential moments of NASCAR history in recent times. The victory of 23XI and FRM will mean as if it is a complete overhaul of the Cup Series team revenue-sharing and operational model.
On the other hand, if NASCAR wins, it will be able to extend its control over the sport and prove wrong those who say that the power and profit have been unfairly tipped towards the top.
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