Front Row Motorsports and 23XI Racing have taken another step as their antitrust lawsuit against NASCAR and CEO Jim France continues.
According to a statement, the two teams have filed a preliminary injunction in the antitrust case as they seek to compete in 2025 as chartered teams. This is a step the two teams previously said they would take as the case goes through the legal process.
If granted, the two teams will have guaranteed access to every race on the schedule and a larger portion of the prize purse. If denied, Front Row Motorsports and 23XI Racing will have to compete as open entries. They will have to qualify for every race on the schedule.
"The 23XI and Front Row Motorsports teams are fully committed to competing in next year's Cup Series," the two teams said in a statement.
"Today's procedural filing is the next step in advancing our case against NASCAR and their monopolistic practices, while protecting our drivers, race teams, and sponsors by establishing our legal right to run in 2025."
The two teams filed the antitrust lawsuit against NASCAR and France on Oct. 2. The lawsuit accused NASCAR of being "monopolistic bullies" and alleged that NASCAR used anti-competitive practices while operating without transparency.
The lawsuit followed Front Row Motorsports and 23XI Racing being the only two teams to decline signing the charter agreement.
NASCAR sent the revised charter agreement to the teams on Sept. 6 ahead of the playoff race at Atlanta Motor Speedway. The original timeline to sign the document gave the teams one hour, but NASCAR pushed the timeline to midnight.
The teams said that they were given the option of signing the charter agreement or losing their charters. The majority of owners signed, something Richard Childress explained by telling Fox Sports' Bob Pockrass that "I didn't have a choice."
The injunction filing included other details
Along with the preliminary injunction, the two teams filed a motion for expedited discovery. The stated objective is to give their legal counsel access to multiple documents and files from NASCAR and its executives. The list includes the following:
- Documents discussing the mandatory release provision in the 2025 charter agreement.
- Documents discussing NASCAR's decision to end negotiating with the Team Negotiating Committee and only negotiate with individual racing teams for the 2025 charter agreement.
- Documents discussing NASCAR's decision to present to the teams a take-it-or-leave-it final proposal for the 2025 charter agreement.
The executives named in the motion include multiple members of the France family -- Jim France, Lesa France Kennedy, and Ben Kennedy. It also includes three other executives -- President Steve Phelps, Chief Operating Officer Steve O'Donnell, and Senior Vice President of Global Strategy Scott Prime.
The two teams also stated that they seek documents regarding NASCAR's contracts with independently owned race tracks and the acquisitions of both International Speedway Corporation (ISC) and Automobile Racing Club of America (ARCA).
Finally, the two teams said they seek documents and files regarding "charter agreement provisions that restrict teams from competing in non-NASCAR events and from using Next Gen parts and cars in non-NASCAR events."
"NASCAR's dominant control over racing is not because of its superior skill or business acumen, but rather its history of exclusionary acts and restrictive agreements that have stifled competition through its monopoly power," said Jeffrey Kessler, the lead counsel representing the two teams.
"We believe our expedited discovery requests of NASCAR and the France family will shed light on their anticompetitive practices and support a preliminary injunction ruling that 23XI and Front Row Motorsports have a legally protected right to race next year while our antitrust case proceeds in Court."