The two teams suing NASCAR asked a judge for a preliminary injunction Wednesday so they can compete next season under the charter system they are challenging as their antitrust case moves through federal court.
23XI Racing, which is owned by Michael Jordan, veteran driver Denny Hamlin and Curtis Polk, and Front Row Motorsports, owned by Bob Jenkins, sued NASCAR and chairman Jim France last week in the Western District of North Carolina. The two teams accused NASCAR of being “monopolistic bullies” after refusing to sign new charters proposed by the stock car series.
The charter system is a revenue-sharing model that is similar to a franchise in other professional sports. Although charters can be sold and leased, the charters have contractually binding terms, expiration dates and can be revoked by NASCAR. Teams fought to have them made permanent but NASCAR would not consider the issue and the newest extension runs through 2031.
23XI and Front Row allege in their suit that the agreement that goes into effect next season limits competition by unfairly binding teams to the series, its tracks and its suppliers. 23XI and Front Row were the only two organizations out of 15 that refused to sign; almost every other team has said they signed on deadline only because NASCAR threatened to do away with the charter system entirely.
A hearing was initially set for Oct. 16 in federal court in Charlotte, but NASCAR asked for a delay since its Daytona Beach, Florida, offices closed for Hurricane Milton. The judge on Thursday moved the hearing to Nov. 4.
NASCAR still has to respond to both the motion for expedited discovery and the motion for the preliminary injunction by Wednesday.
