All you need to know in the 23XI Racing/Front Row vs NASCAR lawsuit so far

The latest development in the antitrust lawsuit brought by 23XI Racing and Front Row Motorsports against NASCAR came on Wednesday, with the ruling that certain discovery will be turned over. This was a small victory for NASCAR, which sought financial information and records from the teams not involved in the lawsuit. The teams, meanwhile, wanted the scope of what could be released to be limited.

23XI Racing and Front Row filed the joint lawsuit on October 2 in the Western District of North Carolina. It accuses NASCAR of using anticompetitive practices and being a monopoly.

“We share a passion for racing, the thrill of competition, and winning,” said a joint statement from 23XI Racing and Front Row Motorsports when the lawsuit was filed. “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.”

NASCAR filed a counterclaim against 23XI Racing, co-owner Curtis Polk, and Front Row on March 5. It alleges conspiracy and Sherman Act violations.

“Beginning no later than June 2022, Counterclaim Defendants engaged in a conspiracy and agreement in unreasonable restraint of interstate trade and commerce, constituting a violation of Section 1 of the Sherman Act,” the claim states. “Curtis Polk knowingly and actively orchestrated and participated in this illegal conspiracy, while working as a member of the (Team Negotiating Committee) on behalf of the RTA and aiding 23XI’s and Front Row’s participation in the scheme, also continuing a violation of Section 1 of the Sherman Act.”

A trial date is set for December 1. All indications point toward the battle going the distance.

There has been mudslinging and numerous motions granted and dismissed over the last eight months. Here is where things currently stand:

· U.S. District Court Kenneth Bell has ordered (June 25) that NASCAR will be given certain financial information and records from the 12 teams not involved in the lawsuit. Kaulig Racing had previously provided the information requested in NASCAR’s subpoena.

· 23XI Racing and Front Row had their motion to dismiss NASCAR’s counterclaim denied (June 23).

· IndyCar filed a motion in a Southern District of Indiana court “to quash” a deposition served by NASCAR on Doug Boles, the president of IndyCar and Indianapolis Motor Speedway. The motion cites that it is “burdensome” and that it would disclose sensitive and confidential financial and commercial information of IndyCar operations. IndyCar was one of multiple sports leagues that NASCAR subpoenaed in February for information on their operations. IndyCar produced over 650 pages of documents for NASCAR. The deposition of Boles is set for Friday, June 27.

· 23XI Racing and Front Row Motorsports have requested (June 20) a rehearing on the decision to remove the injunction allowing them to compete as charter teams. It has not yet been determined whether the teams will get the rehearing. As for the status of the charters, 23XI and Front Row continue to race as charter teams while this is finalized. If there is no rehearing and the decision stands, the charters will be vacated seven days after the decision. And if a rehearing is granted, the teams will remain racing as charter members until a final decision is made.

· A three-judge panel in the Fourth Circuit Court of Appeals vacated the preliminary injunction granted to 23XI Racing and Front Row Motorsports that allows them to compete as charter teams this season (June 5). The preliminary injunction had been granted in December.

So far, the docket for the near future includes a June 30 close of fact discovery deadline, a September 19 completion of discovery deadline, and a September 24 mediation report deadline. A filing of dispositive motions had a deadline of October 1. As previously mentioned, the trial date is December 1.