23XI Racing and Front Row Motorsports scored a legal win in their antitrust lawsuit against NASCAR on Oct. 28, as the presiding judge in the case dismissed a counterclaim NASCAR had filed earlier this year.
NASCAR sought to argue that the parties “willfully violated the antitrust laws by orchestrating anticompetitive collective conduct” with regards to the 2025 charter agreement, including the threat of a boycott led by 23XI’s Curtis Polk.
In his ruling, Judge Kenneth Bell said NASCAR did not “sufficiently establish that it suffered the required antitrust injury” and also “failed to establish an agreement to unreasonably restrain trade.”
Here’s What Happened in the 23XI/FRM vs. NASCAR Antitrust Case This Week (Oct. 18-24)
“We are thankful for Judge Bell’s thoughtful consideration of the facts and the law, and his decision to grant summary judgment in my clients’ favor against the NASCAR counterclaim,” 23XI/FRM attorney Jeffrey Kessler said in a release. “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.”
“We respect the Court’s decision, though we respectfully disagree with its legal reasoning,” a NASCAR spokesperson said. “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.”
The trial between 23XI/FRM and NASCAR is currently set to go to trial in December.
Executive Editor at Frontstretch
Kevin Rutherford is the executive editor of Frontstretch, a position he gained in 2025 after being the managing editor since 2015, and serving on the editing staff since 2013.
At his day job, he’s a journalist covering music and rock charts at Billboard. He lives in New York City, but his heart is in Ohio — you know, like that Hawthorne Heights song.