The antitrust trial involving 23XI Racing, Front Row Motorsports, and NASCAR opened on December 1 in federal court in Charlotte, setting up a major fight over how the sport operates and who controls its financial future.
The teams say NASCAR uses its power to enforce an unfair charter model, limit competition, and leave teams without enough revenue to stay stable. NASCAR argues the charter system is legal, optional, and designed to support teams.
Across the first week, the courtroom heard from key figures including Denny Hamlin, Michael Jordan, Steve O’Donnell, and Front Row owner Bob Jenkins. Their testimony offered a detailed look at tense talks, failed negotiations, internal emails, and the financial strain teams say they face under the current structure.
Jury Selection and Opening Statements
Day 1 began with jury selection, which took about two hours. A nine-person panel was seated after several prospects were excused for showing support for Michael Jordan.
Opening statements followed. Plaintiffs’ attorney Jeffrey Kessler told jurors they would see internal messages showing NASCAR acting to keep teams financially dependent. He said teams needed permanent charters and a more balanced split of revenue.
Denny Hamlin later explained the financial pressure at 23XI Racing, saying it cost about $20 million each season to operate a single Cup car.
“NASCAR President Steve O’Donnell testified teams asked in early 2022 for an improved revenue model because they were fighting for their financial survival, according to Jenna Fryer of AP News.”
Midweek Testimony and Internal Documents in the NASCAR Antitrust Trial
Testimony on Days 2 and 3 focused on negotiations over the 2025 charter agreement. According to Jordan Bianchi and Jeff Gluck of The Athletic, O’Donnell described his meetings with 23XI executive Curtis Polk as “the most difficult meetings I’ve had with an individual in my 30 years in NASCAR.” He said Polk “threatened to kick me out of my own meeting” and came at negotiations from a business-first approach.
Evidence presented also showed NASCAR explored ways to limit the growth of outside series such as SRX. Steve O’Donnell said he became concerned after seeing Chase Elliott race an SRX car that looked similar to his NASCAR entry.
Steve O’Donnell confirmed under questioning that Jim France was “not open to a new model,” despite earlier discussions that suggested otherwise.
Front Row Motorsports owner Bob Jenkins told jurors he had lost about $100 million since entering the sport and said NASCAR pushed the 2024 charter extension through as a “take-it-or-leave-it” offer. He added that rising costs tied to the Next Gen car created even more pressure on teams.
Week Ends With Key Testimony
The week closed with Michael Jordan taking the stand. He explained why 23XI refused to sign the 2024 charter agreement, saying it did not include what he called the team’s essential “pillars,” including permanent charters and meaningful negotiation.
Joe Gibbs Racing co-owner Heather Gibbs. She said she begged Jim France not to push through the September 2024 charter offer. Don’t do this to us! But said France answered, If I wake up and I have 20 charters, I have 20. If I have 30, I have 30 she recalled saying.”
Judge Kenneth D. Bell said the trial is moving slowly due to long questioning sessions. The trial resumes next week.
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