The latest twists and turns in an antitrust lawsuit against NASCAR now include Michael Jordan accusing NASCAR of victim-blaming.
Jordan, as the co-owner of 23XI Racing, is once again seeking a temporary injunction against NASCAR to let them proceed in the 2025 season as chartered teams despite not signing a charter.
In a request for preliminary injunction this fall, 23XI and Front Row Motorsports sought to be recognized as chartered teams while they pursue an antitrust lawsuit against NASCAR. The two racing teams refused to sign a take-it-or-leave-it charter agreement presented to them in September, which the other 13 organizations racing in the Cup Series signed. 23XI and Front Row called NASCAR “monopolistic bullies” for its business practices in the suit.
They were initially denied the injunction by U.S. District Judge Frank D. Whitney in North Carolina. On Wednesday, the court announced Whitney was no longer assigned to the case, replaced by Judge Kenneth D. Bell, with no explanation as to why.
Come Thursday, 23XI and Front Row wrote in a new court filing that NASCAR is “blaming victims for asserting their antitrust rights.”
Further, Front Row general manager Jerry Freeze asserted in an affidavit that NASCAR said it would reject their purchase of a new charter to expand to three full-time cars unless the teams dropped their lawsuit.
Freeze said he had signed an agreement with NASCAR on purchasing a new charter in April that NASCAR only began objecting to in December.
23XI and Front Row can compete in NASCAR next year as open teams, but without chartered protection, they aren’t guaranteed entry to certain races nor will they receive the benefits of revenue sharing. The teams argue that their businesses may lose sponsors and fans as a result, but NASCAR has countered that that was merely speculative.
NASCAR has urged the court to deny the motion for an injunction. NASCAR previously filed a motion seeking the dismissal of the antitrust suit altogether. NASCAR and chairman Jim France are the defendants in the case.
