The NASCAR lawsuit instigated by Michael Jordan's 23XI Racing and Front Row Motorsports took a shocking twist on Wednesday as the stock car racing series filed a countersuit.
23XI Racing — the Cup Series team co-owned by the likes of Jordan and NASCAR veteran Denny Hamlin — announced that they would be suing the series back in October just weeks after refusing to sign up to NASCAR's new charter agreement, with Front Row Motorsports (FRM) joining them in the endeavour.
“We share a passion for racing, the thrill of competition, and winning," a 23XI statement at the time read.
"Off the racetrack, we share a belief that change is necessary for the sport we love.
"Together, we brought this antitrust case so that racing can thrive and become a more competitive and fair sport in ways that will benefit teams, drivers, sponsors, and, most importantly, fans."
Denny Hamlin is a co-owner of 23XI RacingMichael Jordan co-founded 23XI in 2020
NASCAR Michael Jordan lawsuit latest
Since the lawsuit was initially filed, representatives for 23XI and FRM have gone back and forth with NASCAR's own in court, resulting in the team's being granted de facto chartered status for the 2025 season while the legal battle rumbles on.
Now, in the latest twist in the ongoing battle, NASCAR has filed a countersuit against 23XI and FRM, alleging that they have violated antitrust laws.
As per AP, part of NASCAR's filing read: "The undisputed reality is that it is 23XI and FRM, led by 23XI’s owner and sports agent Curtis Polk, that willfully violated the antitrust laws by orchestrating anticompetitive collective conduct in connection with the terms of the 2025 Charter Agreements."
“This is not the first time that 23XI and FRM have sought to impose their viewpoints, and those of their counsel, on the racing teams writ large,” NASCAR continued.
“And it is truly ironic that in trying to blow-up the Charter system, 23XI and FRM have sought to weaponize the antitrust laws to achieve their goals.”
NASCAR has filed a countersuit againt 23XI and FRM
Curtis Polk is Michael Jordan's former agent turned business partner who also co-owns 23XI Racing.
NASCAR has accused Polk of "attempting to misuse the legal system as a last resort to secure new terms" and alleged that the 23XI co-owner threatened to boycott races as part of negotiations over a new charter agreement.
In a media call after the filing, NASCAR attorney Christopher Yates explained why they were suing 23XI and FRM and not all of the other Cup Series teams.
"23XI and Front Row chose to sue NASCAR, alleging baseless monopolization claims," Yates explained.
"And that's why NASCAR is suing 23XI, Front Row, and the person who orchestrated the boycott, Mr. Polk."
Yates also added, "NASCAR wants to work with teams to grow the sport,"
"I don't know if 23XI and Front Row truly want to grow the sport, so I don't know what the path toward a resolution here is at the moment."
23XI attorney issues NASCAR lawsuit statement
After contacting 23XI Racing and Front Row Motorsports for comment, the following statement was provided from 23XI and FRM's attorney, Jeffrey Kessler.
"Today’s counterclaim by NASCAR is a meritless distraction and a desperate attempt to shift attention away from its own unlawful, monopolistic actions," Kessler said.
"NASCAR agreed to the joint negotiations that they now attack. When those joint negotiations failed, they used individual negotiations to impose their charter terms, which most of the teams decided they had no choice but to accept.
"My clients' lawsuit has always been about transforming NASCAR into a more competitive and fair sport for the benefit of drivers, fans, sponsors and teams because of their love of the sport. Every major sport goes through a transition to competition when antitrust claims are asserted, and that moment has come for NASCAR.
"Today's baseless filing changes nothing. We are confident in the strength of our case and look forward to presenting it at trial."