Michael Jordan’s co-owned 23XI Racing and Front Row Motorsports’ antitrust saga against NASCAR is picking up pace as the December 1 trial comes close. Powerhouse owners Rick Hendrick and Roger Penske, who are longtime NASCAR allies with deep roots in the sport’s evolution, now face unexpected inspection in the lawsuit.

Their involvement traces back to the 2024 charter negotiations, where Hendrick’s team contributed via Jeff Gordon on the bargaining committee, and Penske also supported the agreement because of his IndyCar, which constantly needs support from NASCAR to run. But the plaintiff teams want the truth, and for that, they’re ready to go to any length, even if it means breaking NASCAR’s shield of defense over Hendrick and Penske.

23XI demands complete transparency from Hendrick and Penske

Jeff Gluck tweeted on X, stating that 23XI and Front Row are pushing hard to question Hendrick and Penske without limits. He wrote, “In a new motion today, 23XI and Front Row are asking the court to force Rick Hendrick and Roger Penske to testify about all topics, not just the “sanitized trial testimony that they admit NASCAR CEO Jim France has asked them to provide.””

In a new motion today, 23XI and Front Row are asking the court to force Rick Hendrick and Roger Penske to testify about all topics, not just the “sanitized trial testimony that they admit NASCAR CEO Jim France has asked them to provide.”

— Jeff Gluck (@jeff_gluck) November 10, 2025

The teams feel that both Hendrick and Penske’s broad involvement demands unfiltered questions.

NASCAR, in turn, is defending the duo by seeking “guardrails” on topics, a move that shows NASCAR’s effort to shield its longtime partners from deeper inspection. This late-stage drama originated from Hendrick and Penske submitting their statement about the charters that favored NASCAR in this lawsuit.

Rick Hendrick’s official statement read, “I believe the potential loss of Charters (I.e., reverting to the system that was in place prior to 2016, as opposed to improving upon the current Charter system) represents an existential threat to Hendrick Motorsports and other Cup Series race teams. It would jeopardize our business and risk the jobs of thousands of people who rely on our industry.”

The pushback intensified when NASCAR added them to its trial witness list on September 10, 2025, which was weeks after the deadline for adding new witnesses. NASCAR added them despite both showing unwillingness to testify.

The teams’ filing said, “It is NASCAR that included Mr. Hendrick and Mr. Penske on their trial witness list, despite counsel for the two men repeatedly telling Plaintiffs that Mr. Hendrick and Mr. Penske had no intention of testifying.” The plaintiffs claim the alleged hypocrisy from the team owners requires a thorough investigation, specifically through full depositions (formal, out-of-court sworn testimonies), to challenge and uncover the truth behind the team owners’ written statements about the charter system benefitting teams.

NASCAR counters that the teams are being dragged, filing, “They strategically chose to sit on their hands and wait until less than four weeks before trial. Had they moved or said anything at the time of the disclosure, there would have been ample time to take the depositions within the discovery period.”

Yet experts see this as NASCAR’s own trap, with a NYU antitrust attorney, Harry First, noting, “They (NASCAR) define a market, which was pretty much the same as the market that Michael Jordan defined… So they basically define the same markets, and the judge says, sorry, you’ve already admitted it… I mean, I think it’s pretty supportable on appeal, and there would have been ways to handle the complaint that didn’t fall into this trap, but they were sort of too clever by half.”

This testimony tug-of-war isn’t the only revelation stirring the pot.

23XI CFO questions Hamlin’s spending approach

Deep into the lawsuit’s document pile, an internal 23XI email surfaced, offering a candid look at co-owner Denny Hamlin‘s role amid the team’s financial strains. Sent by CFO Zachary Brown to Michael Jordan, it analyzed personnel strengths and weaknesses during charter talks. It reflected the cutthroat math of racing budgets.

Hamlin, 23XI co-founder since 2020, has been vocal against NASCAR’s terms, but his spending paints his input as a double-edged sword. With purses tied to charters, such insights reveal how even aligned teams grapple with costs, fueling the broader monopoly claims.

The email’s blunt critique hits hardest on Hamlin’s financial style, stating, “He is a terrible businessman. He ascribes to the dumb theory that if he spends more money, it will translate into wins and speed. This is only true to a small extent.” Brown ties this to Hamlin’s mantra of “money is no object,” an attitude that allegedly sparks overspending on strategy and hires.

Hamlin’s crew chief also echoed the email take, suggesting spending large on setups and cars doesn’t always pay off. This internal friction, discovered in August hearings alongside Jordan’s own sharp texts, shows charter woes even hitting teams who are suing NASCAR to fix them.