A recent development in the NASCAR versus 23XI Racing and Front Row Motorsports case focuses on two of the most powerful and successful figures in NASCAR history, Rick Hendrick and Roger Penske, attempting to limit their involvement in the escalating antitrust lawsuit. Both team owners have filed a request with the court seeking either not to be deposed or to have ‘guardrails’ put in place to limit their testimony to declarations previously filed.

The request comes despite a motion being granted allowing 23XI and FRM to depose them, as the team alleges Hendrick and Penske were designated as witnesses by NASCAR after the discovery deadline. Hendrick, the owner of Hendrick Motorsports, a 15-time Cup Series champion organization, and Penske, the owner of Team Penske, a 5-time Cup Series champion organization, represent the established financial and competitive elite of the garage.

Both of their powerful organizations signed the 2025 charter agreement presented by NASCAR, which the plaintiffs have challenged as an “unlawful monopoly.” In a filing prior to this deposition request, NASCAR presented declarations from numerous team owners, including Hendrick and Penske, who affirmed their support for the charter system, with NASCAR arguing the lawsuit is “an attempt to renegotiate an agreement” that they and other teams honored.

The plaintiffs’ attorney, Jeffrey Kessler, however, argued that these very declarations reinforce their position that teams “cannot survive without them,” essentially proving NASCAR’s “monopoly power” over the premier stock car racing market, which a judge recently acknowledged. The court’s decision on the request will be pivotal, as the lawsuit heads toward a trial date set for December 1.

This is a developing story.