23XI Racing and Front Row Motorsports are maintaining a business-as-usual attitude despite filing an antitrust lawsuit against NASCAR and CEO Jim France earlier this week.
“Yes, 23XI Racing plans to race next year,” co-owner Curtis Polk said. “We plan to continue to go through with all the things we were planning before this lawsuit. Our business model is going to move forward and we’re going to continue to grow and compete at the highest level.”
23XI Racing is expected to expand to three cars next season. While those plans have not been publicly laid out, the lawsuit revealed the organization agreed to purchase a charter from Stewart-Haas Racing in August.
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Front Row Motorsports announced its plans for a third car in May. Todd Gilliland and Noah Gragson are two of the three drivers confirmed.
In the meantime, there are plans to file a preliminary injunction to allow both organizations to race next season under the 2025 Charter Agreement as the litigation moves forward. Doing so would not only guarantee the teams a starting spot in each event but also continue to earn the prize money from the charter.
The purse is significantly less for teams who do not have a charter.
“We made a commitment to our teams and with staffing people and preparing for 2025,” said Front Row Motorsports owner Bob Jenkins. “So, we’re full speed ahead either way.”
The lawsuit was filed Wednesday morning in North Carolina. It came less than a month after 23XI Racing and Front Row Motorsports were the only two teams who did not sign the final 2025 Charter Agreement offer from NASCAR the weekend of Atlanta Motor Speedway.
In accusing NASCAR and its leadership of using anti-competitive practices, the organizations are not only seeking trebled monetary damages but a change to how the sport operates. 23XI Racing and Front Row Motorsports filed the lawsuit jointly and are committed to seeing it through until there is a fair resolution for the teams.
“There has never been a case that I’ve found that is egregiously as anti-competitive as this one,” said antitrust and sports lawyer Jeffrey Kessler of Winston & Strawn. “Here we have a sport where one family has basically used its power to create an absolute monopoly for the benefit of that family as opposed to being to the benefit of the teams, drivers, sponsors, broadcasters, the fans. This monopoly didn’t happen because of superior product, the family’s investment, their innovation. This monopoly has happened because of illegal monopolistic practices.”
“We expect to win this case,” Kessler continued. “One way or another, stock car is going to change in this country for the better.”
Kessler acknowledged that 23XI Racing and Front Row Motorsports are open to a settlement but only if a significant compromise is reached. But if the legal proceedings occur as expected, Kessler said it could be one or two years before it reaches the courts.