If the antitrust lawsuit between race teams 23XI Racing and Front Row Motorsports against NASCAR does go to trial in December, the trial will focus solely on whether NASCAR has been operating as a monopsony.
On Tuesday, Western District of North Carolina Judge Kenneth D. Bell dismissed NASCAR’s countersuit against the two race teams.
NASCAR had alleged antitrust violations against the two teams, who have brought legal action against the sanctioning body, for what NASCAR argued was an illegal ‘conspiracy’ in an attempt to have teams collude to negotiate better terms for themselves at the expense of NASCAR.
According to Judge Bell, among the reasons for his ruling was that NASCAR failed to show a link between Charter payment increases and joint negotiations compared to individual negotiations with teams.
Following the release of Judge Bell’s ruling, NASCAR issued a statement of disappointment about the decision, but the sanctioning body says it is focused on the NASCAR Championship Weekend at Phoenix Raceway, which kicks off on Friday with the NASCAR Craftsman Truck Series Championship Race.
“We respect the Court’s decision, though we respectfully disagree with its legal reasoning,” the statement from NASCAR said. “Our priority remains resolving this matter quickly so all parties can focus on Championship weekend and continuing to grow the sport. Should a resolution not be reached, we intend to appeal the decision at the appropriate time.”
Jeffrey Kessler, the lead attorney representing the race teams, expressed gratitude to Judge Bell for Tuesday’s ruling.
“We are thankful for Judge Bell’s thoughtful consideration of the facts and the law, and his decision to grant Summary Judgement in my clients’ favor against the NASCAR counterclaim,” Kessler said. “Today’s decision has only reaffirmed my clients’ unwavering pursuit of a more fair and equitable sport. Their determination remains strong as we continue our efforts for a resolution that benefits everyone — teams, drivers, employees, partners, and fans.”
