Kessler argued \u201copen\u201d teams make far less than charter teams, which made such a decision unsustainable financially.<\/p>\n
The jury was shown O\u2019Donnell\u2019s notes from a March 2022 meeting with four team owner representatives, who told O\u2019Donnell and other executives the business model was broken for race teams, which he agreed with.<\/p>\n
O\u2019Donnell also agreed that teams could go out of business if they lost a sponsor and said he understood there needed to be a model that was fair for everyone.<\/p>\n
\u201cWe knew the industry was challenged,\u201d he said.<\/p>\n
Curtis Polk, 23XI\u2019s co-owner, told O\u2019Donnell of three goals in that meeting: Maximize television revenue from an upcoming media rights deal, create a more competitive landscape, and look at the cost model for teams, including a potential cost cap \u2014 a way of limiting spending to even the playing field. NASCAR agreed with those goals, O\u2019Donnell indicated.<\/p>\n
In that same meeting, Jeff Gordon \u2014 the four-time NASCAR champion who is now vice chairman of Hendrick Motorsports, one of the most powerful teams in the sport \u2014 asked NASCAR executive Ben Kennedy, who is a member of the France family: \u201cDo you believe the family is open to a new model?\u201d<\/p>\n
\u201cYes,\u201d Kennedy said.<\/p>\n
Ultimately, the charter deal presented to teams in September 2024 did carve out more money from media deals, but the teams said France was unwilling to budge on other key points<\/a>.<\/p>\n \u201cAs it turned out, Jim France was not open to a new model, right?\u201d Kessler asked O\u2019Donnell.<\/p>\n \u201cNo,\u201d O\u2019Donnell said.<\/p>\n O\u2019Donnell is regarded as a NASCAR \u201clifer,\u201d having started with the company in 1996, eventually ascending to president eight months ago.<\/p>\n Even before his most recent promotion, O\u2019Donnell has been an instrumental figure within the company on both the business and competition sides. He was heavily involved in the most recent charter negotiations that sparked the antitrust lawsuit after 23XI and Front Row elected not to sign NASCAR\u2019s take-it-or-leave-it offer<\/a> to extend. NASCAR\u2019s 13 other full-time teams signed the seven-year extension.<\/p>\n O\u2019Donnell\u2019s testimony is expected to be a key piece of a trial that carries the potential to reshape the sport<\/a>, regardless of which party prevails. He was called to the witness stand by the suing teams as an \u201cadverse witness.\u201d<\/p>\n \n 23XI Racing owner Denny Hamlin, left, with Front Row Motorsports owner Bob Jenkins, co-plaintiffs in the suit. (Jeff Robinson \/ Icon Sportswire via Getty Images)<\/p>\n![\"Denny](\"https:\/\/www.newsbeep.com\/ca\/wp-content\/uploads\/2025\/12\/GettyImages-2212089839-scaled.jpg\")
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