The attorney representing 23XI Racing and Front Row Motorsports in its lawsuit against NASCAR announced Saturday morning that, as of now, both organizations will be able to compete as open teams in 2025.
The attorney also stated that the lawsuit by the teams will continue.
23XI Racing, co-owned by Michael Jordan, Front Row Motorsports file lawsuit vs. NASCAR
23XI Racing and Front Row Motorsports were the only two Cup teams not to sign new charter agreement with NASCAR.
Jeffrey Kessler, attorney for both 23XI Racing and Front Row Motorsports, stated Saturday that NASCAR had removed the anticompetitive release requirement in its open-teams agreement, “which will now allow 23XI and Front Row Motorsports to race as open teams in 2025.”
Both teams have maintained that they could not sign an agreement to be a charter team or an open team because of a clause that would prohibit them from suing NASCAR. Removing the clause in the open-team agreement will allow 23XI Racing and Front Row Motorsports to compete as such.
Open teams are not guaranteed starting spots in a race as are charter teams and also receive less money than charter teams.
23XI Racing and Front Row Motorsports filed an antitrust lawsuit against NASCAR on Oct. 2, stating that, “NASCAR has unlawfully maintained its monopoly position for offering a top-tier stock car racing series in the United States in violation of the Sherman Antitrust Act.”
The teams have filed an appeal with the U.S. Appeals Court, Fourth Circuit, to appeal U.S. District Judge Frank D. Whitney’s Nov. 8 decision to deny them a preliminary injunction to compete as a charter or open team while the lawsuit continues.
Judge rules against preliminary injunction for 23XI Racing, Front Row Motorsports vs. NASCAR
Judge rules teams “have not met their burden as required for a preliminary injunction.”
The teams have requested that the federal appeals court hear the matter Dec. 10-13, the next available dates on the court calendar.
In its request for an appeal, the teams stated:
“The district court denied Appellants’ motion, and now Appellants face immediate irreparable harm if they do not receive this Court’s expedited review of the district court’s decision. That irreparable harm has already begun because Appellants cannot assure sponsors, drivers, and fans that they will be able to compete as chartered teams in 2025 — a condition that puts those critical relationships with sponsors, drivers, and fans at immediate risk.”
The 2025 season begins Feb. 2 with the Clash at Bowman Gray Stadium in Winston-Salem, North Carolina.
The 2025 Daytona 500 is Feb. 16.
Start times, broadcast networks for 2025 NASCAR Cup, Xfinity and Truck races released
The final 14 Cup races — including all 10 playoff races — will air on either NBC or USA Network in 2025.