23XI and FRM highlight ‘no evidence’ from NASCAR in defining key issue of the lawsuit before summary judgement hearing

23XI Racing and Front Row Motorsports have argued against NASCAR's response to the summary motion. In their latest filing, both teams have disputed NASCAR's attempt to include lower-tier series and other motorsports that don't come under 'premier stock car racing'.

It's been over a year since the Michael Jordan-owned team filed an antitrust lawsuit against NASCAR. The case is currently heading to a court-enforced settlement talk on Tuesday, October 21, where both parties will attempt to resolve the issue before it goes in front of a jury.

On Thursday, October 23, the court will hear the final argument on the summary motion before passing judgment. The teams will have to prove that NASCAR operates under an isolated market with no substitute.

NASCAR tried to steer the conversation by calling the Xfinity Series a viable option for teams, but 23XI and FRM have opposed the notion. Fox analyst Bob Pockrass shared an excerpt from the teams' court filing that read,

"NASCAR's argument that lower-level stock car series, such as NASCAR'S Xfinity Series, should be included in the relevant input market fares no better. NASCAR presents no evidence or expert opinion showing that any team has ever abandoned or switched from the Cup Series to such a lower-tier series."

Another excerpt read,

"To be sure, two or three teams- like Team Penske-have competed in both the Cup Series and other motorsports series such as IndyCar, but that does not show that other motorsports are substitutes for NASCAR from the standpoint of premier stock car racing teams."

If the judge rules in favour of the teams, NASCAR would be subject to deeper scrutiny for its market control. It would also aid the teams in their December trial and potentially disband the charter system as a whole.

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23XI and FRM respond to NASCAR team owners' letters of declaration

In support of its stance, NASCAR submitted letters of declaration from multiple team owners. The likes of Joe Gibbs, Roger Penske, Richard Childress and many more, have signed their alleigance to NASCAR and its charter deal.

23XI and FRM, on the other hand, view this tactic as an example of NASCAR's control over the teams. Bob Pockrass shared the teams' response that read,

"23XI/FRM filing did note as far as team owner declarations filed last week to keep charter system: "The team declarations NASCAR submitted with its summary judgment papers underscore the existential threat the teams faced when NASCAR made its take-it-or-leave-it charter demand."

Joe Gibbs is caught up between both parties of the lawsuit. While he employs 23XI's co-owner, Denny Hamlin, coach is also a longtime friend of the France family. As such, he called for an amicable resolution and long-term viability of the charter system.

Michael Jordan, however, had previously warned that team owners who haven't supported them would come to regret their decision.

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Edited by Vignesh Kanna