CHARLOTTE, N.C. — A judge ruled Rick Hendrick and Roger Penske can be deposed as the NASCAR antitrust case heads to trial in December.

Photo by Dominic Aragon/TRE

Photo by Dominic Aragon/TRE

Judge Kenneth Bell denied Hendrick and Penske’s joint motion to be deposed with limitations or not be deposed at all.

“As the Court has repeatedly said, the trial of this matter will be publicly and fairly contested under the relevant rules and law, without regard to the notoriety of the companies and individuals involved,” Bell wrote.

“No company or individual will be accorded special treatment (which is effectively what movants [Hendrick and Penske] request here).”

NASCAR can commit to having Hendrick and Penske as witnesses and depose them ahead of the Dec. 1 trial. 23XI Racing and Front Row Motorsports can also cross-examine the team owners.

With their teams’ track record in the NASCAR Cup Series, it’s highly likely Hendrick and Penske will be called upon at some point.

Hendrick Motorsports and Team Penske have won the NASCAR Cup Series championship in 20 of the last 25 seasons, including the last six that saw them claim 15 of the 24 Championship 4 spots up for grabs:

2020: Chase Elliott, Brad Keselowski (second), Joey Logano (third)

2021: Kyle Larson, Chase Elliott (fourth)

2022: Joey Logano, Chase Elliott (fourth)

2023: Ryan Blaney, Kyle Larson (second), William Byron (third)

2024: Joey Logano, Ryan Blaney (second), William Byron (third)

2025: Kyle Larson, William Byron (fourth)

bold denotes season’s champion

Hendrick Motorsports also had a hand in two other championships in the last 25 seasons. Stewart-Haas Racing won the championship in 2011 and 2014 as a Hendrick-affiliated team.

As the case heads to trial, where two of the most prominent team owners in NASCAR history could take the stand, the teams suing NASCAR — 23XI and Front Row — are riding a wave of momentum.

The judge dismissed NASCAR’s counterclaim against the two teams. While the judge dismissed the counterclaim, it was a key part of his summary judgement ruling NASCAR has power in the “premier stock-car racing” market — and that the trial should ultimately focus on whether NASCAR has unlawfully exercised that power.

NASCAR issued a statement to TRE on the Nov. 4 ruling:

“NASCAR looks forward to proving that it became the leading motorsport in the United States through hard work, risk-taking, and many significant investments over the past 77 years.  The antitrust laws encourage this—and NASCAR has done nothing anticompetitive in building the sport from the ground up since 1948. While we respect the Court’s decision, we believe it is legally flawed and we will address it at trial and in the Fourth Circuit if necessary. NASCAR believes in the charter system and will continue to defend it from 23XI and Front Row’s efforts to claim that the charter system itself is anticompetitive.”

Jonathan Fjeld is the co-owner of the The Racing Experts, LLC. He has been with TRE since 2010.

A Twin Valley, MN, native, Fjeld became a motorsports fan at just three years old (first race was the 2002 Pennsylvania 500). He worked as a contributor and writer for TRE from 2010-18. Since then, he has stepped up and covered 24 NASCAR race weekends and taken on a larger role with TRE. He became the co-owner and managing editor in 2023 and has guided the site to massive growth in that time.

Fjeld has covered a wide array of stories and moments over the years, including Kevin Harvick’s final Cup Series season, the first NASCAR national series disqualification in over 50 years, Shane van Gisbergen’s stunning win in Chicago and the first Cup Series race at Road America in 66 years – as well as up-and-coming drivers’ stories and stories from inside the sport, like the tech it takes for Hendrick Motorsports to remain a top-tier team.

Currently, he resides in Albuquerque, N.M., where he works for KOB 4, an NBC station. He works as a digital producer and does on-air reports. He loves spending time with friends and family, playing and listening to music, exploring new places, being outdoors, reading books and writing among other activities. You can email him at fjeldjonathan@gmail.com