Denny Hamlin shed visible tears at Phoenix Raceway. And that was due to a plethora of reasons, ranging from missing a dangerously good chance of a Cup Series title to failing to present his prize to an ailing father. Yet another reason was the ongoing NASCAR lawsuit, which has consumed 23XI Racing and Front Row Motorsports since October 2024. However, the skies seem to be clearing up a little bit for Hamlin, Michael Jordan, and Co.

Soon after Denny Hamlin missed the 2025 Cup Series championship, Lady Luck made it up to him partially in the courtroom. 23XI, of which Hamlin is a co-owner, and FRM scored a significant win over Jim France and Co. in a hearing by Judge Kenneth D. Bell. And the teams are proceeding accordingly.

NASCAR lawsuit narrows down its aim

When Michael Jordan first launched the NASCAR lawsuit, it had some key features. One of them was the claim that NASCAR was indulging in ‘monopolistic practices’. Although Jordan and Co. rounded up reasons, they had to prove that the sanctioning body was indeed monopolistic. And they did so last week, with Judge Kenneth D. Bell granting summary judgment, defining the relevant market of “Premier Stock-Car Racing.” So now, the plaintiffs have dropped a part of the lawsuit. As Bob Pockrass wrote, “Trial will be focused on whether NASCAR unlawfully exercised its power in that market.” 

The Athletic’s reporter, Jeff Gluck, explained the situation in detail. He wrote, “They originally claimed NASCAR violated both Section 1 and 2 of the Sherman Antitrust Act, but now the teams are going to focus only on Section 2. Section 1 is more along the lines of whether NASCAR has monopoly power, and Section 2 is about using that monopoly power illegally. Since the judge already ruled this week that NASCAR has monopoly power, the teams are focusing their case on if NASCAR is using that power illegally.”

This issue was a sequel to an October 23 summary judgment hearing. Then, the teams requested that the market in which NASCAR operates be considered “Premier Stock-Car Racing.” NASCAR pushed back, calling it narrow and suggesting it should be expanded to include other professionally recognized racing series. Now, however, the court has sided with Michael Jordan and Co. in this part of the NASCAR lawsuit. Now, they can focus on the next step or finding out if NASCAR has been using its monopolistic clout illegally.

In addition, Judge Bell had pointed out an inconsistent pattern in NASCAR’s defence. He said that the claims about the teams’ market power differed in different hearings. “In opposing Plaintiffs’ relevant market, NASCAR now contends that the same motorsports that could not supply racing teams to the Cup Series are suddenly readily available substitutes for the Cup Series teams like Plaintiffs, to sell their services. Not only is it illogical, but there is no record evidence that racing teams in the various motorsports can only move from NASCAR to another motorsport but not vice-versa.”

The updated lawsuit will also take help from other Cup Series teams.

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Involving other heavyweights

Well, only 23XI Racing and Front Row Motorsports filed the NASCAR lawsuit. But at the current juncture of the legal dilemma, Hendrick Motorsports and Team Penske are also in the fray. Both teams have been ordered by the Western District of North Carolina to be deposed by 23XI and FRM’s lawyers. The deposition is a formal interview under oath, usually conducted as part of the discovery phase.

Both sides, i.e. 23XI and NASCAR, will get access to documentation and conversations before trial.  “23XI and Front Row are asking the court for permission to depose Rick Hendrick and Roger Penske,” Bob Pockrass said. “FRM/23XI allege Hendrick and Penske were designated as possible witnesses at trial and weren’t designated as possible witnesses prior to the end of discovery as required.”

With this, 23XI/FRM can dedicate their attention and energy to the main case. Jeffrey Kessler, who is representing the plaintiffs, said: “The trial can now be focused on whether NASCAR has maintained that power through anticompetitive acts and used that power to harm teams. We’re prepared to present our case to the jury. And are focused on obtaining a verdict that benefits all of the teams, partners, drivers, and the fans.”

Evidently, the NASCAR lawsuit is proceeding with full momentum. We can only wait and see which side emerges victorious in this legal battle.