A statement issued on Wednesday stated, “The 23XI and Front Row Motorsports teams are fully committed to competing in the Cup Series next year.” “By establishing our legal right to run in 2025, today’s procedural filing is the next step in advancing our case against NASCAR and their monopolistic practices, while protecting our drivers, race teams, and sponsors.”
The principal attorney for the teams, Jeffrey Kessler, continued, saying, “NASCAR’s monopoly power has stifled competition through its history of exclusionary acts and restrictive agreements, not because of its superior skill or business acumen.” We anticipate that our accelerated discovery requests to NASCAR and the France family will reveal their anticompetitive behavior and help to validate a preliminary injunction decision that will grant 23XI and Front Row Motorsports the legal right to race in 2019 while our antitrust lawsuit is pending in court.
The teams filed a 43-page lawsuit on Wednesday, accusing NASCAR of engaging in illegal monopolistic activities and violating the Sherman Antitrust Act of 1890. Both 23XI and FRM run two full-time Cup cars in competition, although they have said that they plan to increase to three cars for the 2025 campaign.
