23XI and FRM request partial dismissal of their lawsuit against NASCAR

23XI Racing and Front Row Motorsports have decided to drop a portion of their antitrust lawsuit against NASCAR. This narrows the focus of their complaint, less than a month away from the final trial, which is scheduled for December 1.

On Thursday, the attorneys representing 23XI and FRM requested the court to drop their Section 1 claims, but keep the ones under Section 2, which alleges that NASCAR has violated the Sherman Antitrust Act by means of unilateral conduct.

The Sherman Antitrust Act, passed in 1890, is a U.S. federal law that prohibits trusts, monopolies, and other business practices that challenge competitive norms. This means that the focus from now on will solely be on the actions taken by NASCAR as a single organization, as opposed to its joint efforts with International Speedway Corporation (ISC) to control the racing market.

Bob Pockrass of FOX recently explained the matter through a post on X (formerly known as Twitter). This is what he wrote:

“Think of it this way: Section 1 more would cover NASCAR and ISC working together to monopolize a market. Section 2 covers one company's unilateral acts. That has always been strongest part of case so better to focus on that at trial (2/2).”

The attention of the NASCAR aficionados now shifts to December 1. The 2026 season will start with the NASCAR Craftsman Truck Series race at Daytona International Speedway on February 13.

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Roger Penske and Rick Hendrick get involved in 23XI Racing and NASCAR matter

Team Penske owner Roger Penske and Hendrick Motorsports owner Rick Hendrick will have to get involved in the ongoing legal battle between 23XI Racing and NASCAR, according to the latest order passed by Judge Kenneth D. Bell. Last Wednesday, Bell ruled that the two automotive tycoons could be valuable witnesses during the upcoming trial.

However, the issue for 23XI Racing is that the witness identification took place back in September, which prevented the Plaintiff from deposing Hendrick and Penske during the fact discovery period.

“More than two months after the close of fact discovery, NASCAR identified Rick Hendrick and Roger Penske as individuals likely to have discoverable information that NASCAR may use to support its claims and/or defenses,” the attorney for 23XI Racing and FRM wrote. “NASCAR has since identified Messrs. Hendrick and Penske as witnesses it may call at trial.” "To remedy the unfairness caused by NASCAR's actions and to ensure the orderly presentation of evidence at trial, plaintiffs seek leave to depose Messrs Hendrick and Penske before trial,” he added. “NASCAR has indicated it takes no position on this motion."

It was also mentioned that the legal counsel for the teams had reached out to the counsel for Mr. Hendrick and Mr. Penske. None of them were asked to become witnesses at the time.

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Edited by Tushhita Barua