23XI Racing and Front Row Motorsports Blast NASCAR’s ‘Fantasy’ Motion to Dismiss, Accuse Sanctioning Body of Monopolistic Practices
In a fiery response to NASCAR’s motion to dismiss their antitrust lawsuit, attorneys for 23XI Racing—co-owned by Michael Jordan—and Front Row Motorsports pushed back hard, describing NASCAR’s claims as a “fantasy” riddled with mischaracterizations. The memorandum, filed Monday, accuses NASCAR of disguising an “unlawful maintenance of monopoly” as a mere contractual disagreement.
The opposition filing comes from powerhouse attorney Jeffrey Kessler, the same legal mind who famously defeated the NCAA 9-0 in the landmark NCAA v. Alston case in 2021. Kessler draws parallels between NASCAR’s control over race teams and the NCAA’s treatment of college athletes, painting both as “monopolists” who pay “sub-competitive prices” to the sellers of talent—teams and drivers. You
NASCAR’s Argument and Kessler’s Rebuttal
NASCAR initially dismissed the lawsuit as a “misguided attempt to dress up private business frustrations in antitrust garb,” claiming that 23XI Racing and Front Row Motorsports were dissatisfied after failing to get better terms in charter negotiations. NASCAR insists that the case revolves around standard exclusivity and noncompete terms—common across major sports leagues.
Kessler, however, hit back, arguing that NASCAR’s Cup Series operates as a monopoly with “100% market share” in the premier stock car racing industry. He asserts that NASCAR has used its dominant position to impose unfair terms on teams, forcing them to accept “take-it-or-leave-it” charter agreements.
While NASCAR pointed out that rival teams willingly signed the agreements—waiving potential antitrust claims—Kessler insists those teams “acquiesced” under “duress,” with no real alternative. NASCAR has consistently countered this argument, claiming the agreements were part of a fair negotiation process that ensures equal rights and obligations for all teams.
“Start Your Own League”? Kessler Says Not That Simple
NASCAR further argued that 23XI Racing and Front Row Motorsports are free to race in other leagues—or even “start their own competing league.” While Michael Jordan, whose career earnings are estimated at $3.3 billion, certainly has the resources to fund such an endeavor, Kessler contends that NASCAR’s argument is irrelevant. The lawsuit, he says, focuses on NASCAR’s monopsony power to force teams into accepting below-market terms, effectively stifling competition.
Comparing NASCAR to Other Sports
Kessler also attacked NASCAR’s comparison to leagues like the NFL or NBA, where teams operate as joint ventures and players are represented by unions. Unlike those leagues, NASCAR is a single-family-owned entity, and its teams function as independent contractors. Kessler noted that similar exclusivity provisions used by organizations like UFC and the PGA Tour have faced significant legal challenges.
What Happens Next?
The legal battle now moves forward as NASCAR and CEO Jim France, also named as a defendant, prepare to respond to the memorandum in upcoming court filings. U.S. District Judge Kenneth D. Bell will review the arguments and is expected to schedule a hearing for oral arguments.
The outcome of this case will have significant implications not only for 23XI Racing and Front Row Motorsports, but for NASCAR’s broader business practices and structure within the Cup Series. For now, all eyes remain on Judge Bell as he determines whether the lawsuit will move forward to discovery—where both sides would gain access to crucial financial documents and records.
