NASCAR filed a countersuit against 23XI Racing, Front Row Motorsports, and 23XI Racing co-owner Curtis Polk, alleging that they "embarked on a strategy to threaten, coerce, and extort NASCAR into meeting their demands for better contract and financial terms."
NASCAR filed the counterclaims on Wednesday and particularly focused on Polk's involvement. NASCAR and its legal team alleged in the 30-page filing that Polk used "collusive behavior to extract more favorable commercial terms from NASCAR in the Charter negotiations."
MORE: Full countersuit
NASCAR said in the countersuit that, "These strategies and threats included, but were and are not limited to, a group boycott and threatened group boycotts of NASCAR events, including televised qualifying races, negative media campaigns, meetings with at least one NASCAR media partner to affect ongoing NASCAR negotiations for a new media rights agreement, and threats/coercion to other team owners to 'not break ranks.'"
The countersuit alleges that the two Cup Series teams and Polk violated Section 1 of the Sherman Act through a "conspiracy and agreement in unreasonable restraint of interstate trade and commerce."
NASCAR stated in court documents that Polk organized a threatened boycott of qualifying races for one Cup Series event, as well as a meeting made mandatory by the 2016 Charter Agreement.
NASCAR also stated that this "conspiracy has eliminated competition between teams that should be competitors."
Back on Oct. 2, 2024, 23XI Racing and Front Row Motorsport filed an antitrust lawsuit against NASCAR and NASCAR Chairman Jim France. The two teams stated that NASCAR had "unlawfully maintained its monopoly position for offering a top-tier stock car racing series in the United States." The two teams alleged that NASCAR had violated the Sherman Antitrust Act.
Chris Yates, part of NASCAR's legal team in this case, took part in a media session Wednesday morning. He said that 23XI Racing and Front Row Motorsports were attempting to "misuse the legal system" after failing to get the terms they desired in charter negotiations. He said that their lawsuit "is endangering" the continuation of the charter system.
Yates added that NASCAR did not want the charter system. It wanted teams to attempt to qualify for every race on the schedule. He pointed to the Xfinity Series and Truck Series as examples.
As part of the countersuit, NASCAR asked the Court for judgment and relief as follows:
1. "Judgment that 23XI, Front Row, and Curtis Polk violated Section 1 of the Sherman Act." NASCAR asked for the Court to award treble (three times) "the actual damages suffered by NASCAR under Section 4 of the Clayton Act."
2. "An order permanently enjoining 23XI, Front Row, and Curtis Polk and those in active concert with them from violating Section 1 of the Sherman Act, including by prohibiting them from jointly negotiating with NASCAR."
3. An injunction removing the guaranteed entry provision of the 2025 Charter Agreement if 23XI Racing and Front Row Motorsports continue with the lawsuit against NASCAR and France.
4. "Award NASCAR its costs and attorneys' fees in connection with" the countersuit.
5. Further and additional relief "as the Court deems just and proper."