23XI Racing Statement Raises Eyebrows as NASCAR Battle Continues

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23XI Racing’s recent attempt to navigate its legal battle with NASCAR has caught significant attention over the last few months. And today, a statement from their legal representative has left many wondering about the unfolding situation.
As 23XI Racing and Front Row Motorsports continue their legal skirmish, it’s looking like they have, or will be, filing a second preliminary injunction against NASCAR if the post is to be believed.
The core of this ongoing legal tension is an antitrust challenge that targets NASCAR’s charter agreements, with the racing teams seeking the right to maintain their lawsuit while potentially signing agreements.
The lawsuit, initially lodged in October 2024, highlights how NASCAR allegedly maintains a monopoly over the top-tier stock car racing series in the United States, a violation of the Sherman Antitrust Act.
Co-owners of 23XI Racing, Denny Hamlin, driver of the #11 FedEx One Rate Toyota, and NBA Hall of Famer, Michael Jordan talk on the grid after the NASCAR Cup Series YellaWood 500 at Talladega Superspeedway… Co-owners of 23XI Racing, Denny Hamlin, driver of the #11 FedEx One Rate Toyota, and NBA Hall of Famer, Michael Jordan talk on the grid after the NASCAR Cup Series YellaWood 500 at Talladega Superspeedway on October 06, 2024 in Talladega, Alabama. 23XI Racing and Front Row Motorsports’ deleted statement has heightened concerns amid their ongoing antitrust lawsuit against NASCAR’s charter system. More Chris Graythen/Getty Images
The contested charter agreements function like franchises, guaranteeing team spots, prize money, and more, but include clauses preventing litigation against NASCAR. In response, 23XI and Front Row Motorsports are pushing back, aiming for agreements that do not require waiving their rights to sue.
Jeffrey Kessler, attorney for the racing teams, said the following in the post which has now been deleted.

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