Antitrust expert says Michael Jordan's NASCAR lawsuit gains edge after sanctioning body defines market against its own interests

Michael Jordan and 23XI Racing received a vote of confidence from an antitrust expert, Harry First, after another key courtroom win in their high-stakes antitrust lawsuit against NASCAR. With less than a month to go before the December 1 trial, Judge Kenneth Bell has ruled that the league controls the market for “premier stock-car racing.” The latest ruling builds on a string of victories for the teams.

On October 28, Judge Bell dismissed the governing body’s counterclaim alleging 23XI, Front Row Motorsports, and co-owner Curtis Polk illegally colluded in charter negotiations. The court found their collective bargaining efforts reasonable and protected under antitrust law. Then, on November 4, Bell granted the teams partial summary judgment on market definition, determining that NASCAR’s own filings had already admitted to the same narrow market the teams described.

Discussing the ruling on Bloomberg Law, NYU antitrust professor Harry First said the league effectively trapped itself.

“The judge (Bell) says, 'Guess what? NASCAR, you filed a counterclaim against these driver teams'... Now unfortunately for them when you file a complaint in antitrust, normally you have to put in your complaint what the relevant market is. So, they defined a market that was pretty much the same as the market that Michael Jordan defined, but basically the same labor market. It's these racing teams, the premier stock car racing group at the very top.” (29:50 onwards)

This pre-trial win shifts the case’s focus squarely to Section 2 of the Sherman Act, which concerns monopolization by a single entity. With the market now defined, the teams will argue that the governing body used its position to restrict competition and keep team operations financially unviable through its charter system, control of key suppliers, and ownership of most race venues.

First added that this case isn’t about breaking NASCAR apart but about redistributing revenue and how a jury trial could harm the organization.

“The goal is not to split up NASCAR, so there are competing circuits... That’s not Michael Jordan’s goal... The goal is to split the monopoly profits differently.... Juries have come in with some pretty big verdicts in these big cases against major defendants. Google is one example. So, defendants have never liked jury trials,” First concluded. (33:49 onwards)

After last month’s failed settlement talks, the case now moves toward trial, with a final pretrial hearing set for November 12, where Judge Bell will decide what evidence can be introduced in court.

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What NASCAR and the teams want kept off the record before trial

NASCAR Chairman and CEO Jim France (L) and Denny Hamlin during the 75 Greatest Drivers list. Source: Getty

With the trial approaching, both sides are now fighting over what documents can be made public or shown to the jury. These pretrial motions could shape the narrative when the case begins on December 1. FOX Sports filed a motion to keep certain documents sealed, including:

1. The deposition transcript of Jordan Bazant, FOX Sports’ Executive Vice President for Business Development and Media, from June 16, 2025, was designated “Highly Confidential.”
2. A draft of FOX Sports’ broadcast agreement with NASCAR, still under negotiation at the time.
3. The fully executed FOX Broadcast Agreement that outlines television rights and financial details central to the sport’s economics.

These materials tie closely to NASCAR’s earlier counterclaim and could reveal sensitive details about media contracts and business strategy. Meanwhile, the teams have asked the court to exclude personal financial information of Michael Jordan and Denny Hamlin from evidence, while the defendants sought to keep similar details about the France family off the table.

The hearing on November 12 will determine how much of this information becomes part of the public record.

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Edited by Mitali