Monday, December 1, 2025.
It’s the date that’s been circled on everybody’s calendar for the better part of the last 14 months. During that time, hundreds of documents and pieces of discovery have surfaced (some of which left people with hurt feelings), and with no resolution in sight, one thing has become evident: NASCAR is heading to court.
Barring some kind of come-to-Jesus moment on either side of the case over the course of Thanksgiving weekend, the two parties are scheduled to meet on Monday in Charlotte, North Carolina, to begin jury selection, in a trial that is scheduled to run for 10 days over the next two weeks.
I’m sure that, by this point, you are likely aware of the overall gist of this case, but if not, here’s a very simple rundown: Two NASCAR Cup Series teams (23XI Racing and Front Row Motorsports) are suing NASCAR, accusing the sanctioning body of using monopolistic practices while running the sport, including during the negotiation period of the newest Charter Agreement, which took effect on January 1 of this year.
Last September, when NASCAR reached the end of what it felt was a reasonable negotiation period, the sanctioning body provided NASCAR Cup Series teams a final draft of the agreement, collecting signatures from everybody except for Front Row Motorsports (FRM) and 23XI Racing (23XI).
Front Row Motorsports (FRM) is a long-time NASCAR Cup Series operation owned by businessman Bob Jenkins. The organization fielded two entries at NASCAR’s top-level prior to the start of the case, but expanded to three entries in 2025. The team also fields a pair of entries in the NASCAR Craftsman Truck Series.
23XI Racing (23XI) is relatively new to NASCAR ownership, creating a NASCAR Cup Series program in 2021 for Bubba Wallace. Similar to FRM, 23XI fielded a pair of entries at NASCAR’s top-level before the case, but expanded to three entries in 2025. The team currently fields no entries in NASCAR’s other two national series.
The fight before the fight was about charters, and whether 23XI Racing and Front Row Motorsports would be able to keep their guaranteed spot on the field for the duration of the case. The teams ended up losing that right, and spent much of the second half of the 36-race NASCAR Cup Series campaign running as unchartered entries. However, NASCAR revised the rules to essentially safeguard the six entries fielded by the two teams to ensure they qualified for all events in 2025.
For 23XI and FRM, a major part of their case is alleging that NASCAR engaged in anti-competitive practices to maintain a monopsony over premier-level Stock Car racing teams. A monopsony is a market condition in which one buyer has a controlling advantage, driving down prices.
NASCAR’s acquisition of the ARCA Menards Series, its merger with International Speedway Corporation (ISC), and the no-sue provision added into the 2025 Charter Agreement (which the teams believe violates the Sherman Act) are just some of the main points that Jeffrey Kessler, the lead attorney for 23XI Racing and Front Row Motorsports, will be arguing to make that point.
Since the first moment this lawsuit was brought against NASCAR last September, the sanctioning body has been painfully consistent in saying that this isn’t an antitrust case, but rather two team owners who have decided to bring a lawsuit just because they didn’t get the terms they wanted in the new agreement.
“From the outset, we’ve been clear, this is not an anti-trust case,” Steve Phelps said during his State of the Sport address at Phoenix in November. “The 2025 Charter Agreement is an improvement on the 2016 framework with enhancements that reflect real progress for teams and the sport, including over $3 billion in guaranteed payments to the teams, enterprise value that is roughly $1.5 billion now to the race teams, guaranteed starting positions each week that allow teams to sell sponsorship on the best billboards in sports, the Next Gen car, and charters guaranteed for 14 years until at least 2039, plus an obligation to negotiate in good faith beyond that.”
With all on-track activity finished for the 2025 NASCAR Cup Series campaign, things have been ramping up when it comes to the upcoming lawsuit. While, yes, the court did rule that NASCAR, 23XI, and FRM needed to get together and try to come to some kind of mediated settlement — a motion that other NASCAR Cup Series team owners are hoping for as well — nothing ended up materializing.
There is no possible way to know what the outcome of the case will be this December, and both parties have been warned by Judge Bell about exactly that, with warnings to not get too far out ahead of themselves in thinking either side has this case in the bag.
Heck, there’s not even a guarantee that this case will even wrap up in December. There’s a distinct possibility that the party on the bad end of a verdict could appeal to The Fourth Circuit, and if that doesn’t event, even petition to the U.S. Supreme Court, which would take this antitrust case on a path to lasting several years, as so many of these sports-related disputes have in the last handful of years.
One thing is for sure, though: The entirety of the NASCAR industry and fanbase will be watching on as this legal battle between NASCAR and two of its teams takes shape this month, and the result of which could completely overhaul the makeup of the sport.
