On Wednesday, March 5, NASCAR filed a countersuit in U.S. District Court against Michael Jordan’s 23XI Racing, Front Row Motorsports, and 23XI Racing co-owner Curtis Polk. The lawsuit states that the defendants “embarked on a strategy to threaten, coerce, and extort NASCAR into meeting their demands for better contract and financial terms.”
NASCAR and 23XI Racing Battle: Where Did It All Begin?
The issue first came to light when 23XI Racing and Front Row Motorsports filed a lawsuit in October 2024 in the Western District of North Carolina. As teams were signing the new charter agreement with NASCAR before the 2025 season, 23XI Racing and Front Row Motorsports were holdouts, accusing NASCAR of violating the Sherman Antitrust Act.
NASCAR’s charters function like a franchise, guaranteeing 36 of the 40 spots in each week’s race for the teams that own them, along with financial benefits. 23XI and Front Row accused NASCAR and the France family, who own NASCAR, of operating a monopoly.
In the first lawsuit filed by 23XI Racing and Front Row Motorsports, they stated, “France family and NASCAR are monopolistic bullies. And bullies will continue to impose their will to hurt others until their targets stand up and refuse to be victims. That moment has now arrived.”
A new 30-page court filing shows NASCAR has countersued 23XI and Front Row and named longtime Michael Jordan business partner Curtis Polk as a defendant, saying all three "willfully violated the antitrust laws by orchestrating anticompetitive collective conduct."
More to come.
— Jeff Gluck (@jeff_gluck) March 5, 2025
In the 30-page counterclaim filed today, NASCAR stated, “Beginning no later than June 2022, Counterclaim Defendants engaged in a conspiracy and agreement in unreasonable restraint of interstate trade and commerce, constituting a violation of Section 1 of the Sherman Act.
“Curtis Polk knowingly and actively orchestrated and participated in this illegal conspiracy while working as a member of the (negotiating committee) on behalf of the RTA and aiding 23XI’s and Front Row’s participation in the scheme, also constituting a violation of Section 1 of the Sherman Act.”
News: NASCAR has filed a counterclaim against 23XI Racing, Front Row Motorsports and Curtis Polk.
"Beginning no later than June 2022, Counterclaim Defendants engaged in a conspiracy and agreement in unreasonable restraint of interstate trade and commerce, constituting a…
— Kelly Crandall (@KellyCrandall) March 5, 2025
“The conspiracy and agreement consists of an agreement to engage in concerted action among Counterclaim Defendants and others to limit competition, increase payments, and otherwise demand their preferred terms for Charter teams by agreeing on the terms they would offer and agree to when collectively negotiating the 2025 Charter Agreements with NASCAR.”
“This is not the first time that 23XI and FRM have sought to impose their viewpoints, and those of their counsel, on the racing teams writ large. And it is truly ironic that in trying to blow up the Charter system, 23XI and FRM have sought to weaponize the antitrust laws to achieve their goals.
“That is because the undisputed reality is that it is 23XI and FRM, led by 23XI’s owner and sports agent Curtis Polk, who willfully violated the antitrust laws by orchestrating anticompetitive collective conduct in connection with the terms of the 2025 Charter Agreements.”
NASCAR’s counterclaim asks for an injunction to eliminate guaranteed starting spots for charter teams “if Counterclaim Defendants persist in seeking to have the Charter Agreements declared as unlawful under the antitrust laws.”
23XI Racing and Polk have not yet commented on the countersuit filed by NASCAR.
