Nascar has reportedly agreed to a version of permanent charters in settlement talksResolution not yet reached as two sides cannot agree on who is responsible for legal feesJudge overseeing case “trying to figure out how big the fire hose should be” if lawsuit goes to trial
The judge overseeing the ongoing Nascar antitrust lawsuit has dismissed the championship’s countersuit against 23XI Racing and Front Row Motorsports (FRM).
In March, Nascar singled out 23XI co-owner Curtis Polk, accusing him of attempting to employ underhanded tactics to force the series into offering better terms in the charter agreement. However, judge Kenneth Bell ruled that these claims were unfounded, a decision welcomed by 23XI Racing and FRM’s attorney Jeffrey Kessler.
‘We are thankful for judge Bell’s thoughtful consideration of the facts and the law, and his decision to grant summary judgment in my client’s favour against the Nascar counterclaim,’ said Kessler.
‘Today’s decision has only reaffirmed my clients’ unwavering pursuit of a more fair and equitable sport. Their determination remains strong as we continue our efforts for a resolution that benefits everyone – teams, drivers, employees, partners and fans.’
Nascar’s response read: ‘We respect the court’s decision, though we respectfully disagree with its legal reasoning. Our priority remains resolving this matter quickly so all parties can focus on championship weekend and continuing to grow the sport.
‘Should a resolution not be reached, we intend to appeal the decision at the appropriate time.’
It means that, if the lawsuit goes to court on 1st December, the only point of discussion will be whether or not Nascar is a monopoly. Nascar’s position is further complicated by the involvement of 23XI co-owner Michael Jordan, which has brought elevated media visibility to the ongoing legal battle.
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Efforts to reach a settlement before this weekend’s season finale appear to have stalled, although progress has been made in some key areas of disagreement between the two sides.
For starters, Nascar seems more willing to be flexible with future charter negotiations and has agreed to provide assurances that the charter system will remain in place beyond 2031, according to The Athletic.
In practice, this would closely resemble the permanent charters that 23XI and FRM originally sought, although Nascar will retain the right to acquire a charter from any team if that team is found to irreparably harm the image of the sport.
Additionally, Nascar agreed to return the six charters that 23XI and FRM lost during the litigation process, valued at approximately US$300 million.
However, a resolution has not been reached, as the two sides could not agree on who should bear the legal fees incurred during the litigation. 23XI and FRM also insisted on being reimbursed for any lost revenue resulting from the removal of their chartered status.
Still, reports indicate that a deal could be reached this week as Nascar commissioner Steve Phelps seeks to prevent the lawsuit from overshadowing the championship weekend in Phoenix.
Yet, one unnamed team executive expressed doubts about the ultimate goals of 23XI and FRM, especially now that Nascar has acquiesced on its position around permanent charters.
“This should be over now,” the team executive told The Athletic. “[23XI and Front Row] say they’re fighting for all of us [teams], well, they got permanent charters and this lawsuit hasn’t gone away. All they’re doing is making it harder on the rest of us to do business and actually try to grow this thing.”
One thing is certain: if this case makes it to court on 1st December, there could be significant changes to the landscape of Nascar. Judge Bell has repeatedly cautioned of the potential ramifications.
“I’m trying to figure out how big the fire hose should be,” he told those present at the summary judgment hearing.
