NASCAR's counterclaim dismissed in court

Judge Kenneth Bell has dismissed NASCAR’s counterclaim against Front Row Motorsports, 23XI Racing, and 23XI Racing co-owner Curtis Polk.

“NASCAR’s evidence fails to establish either an unreasonable restraint of trade or that it suffered antitrust injury,” Judge Bell wrote in his order.

The order comes through the summary judgment that  23XI Racing and Front Row Motorsports requested. NASCAR filed its counterclaim against the teams and Polk in March.

“We respect the Court’s decision, though we respectfully disagree with its legal reasoning,” NASCAR said in a statement. “Our priority remains resolving this matter quickly so all parties can focus on Championship weekend and continuing to grow the sport. Should a resolution not be reached, we intend to appeal the decision at the appropriate time.”

NASCAR alleged that an illegal conspiracy, led by Polk, who was working as a member of the team negotiating committee, was created with strategies to, among other things, boycott races, create negative media attention, and interfere with the negotiations for the new media rights deal. The counterclaim also alleged “a strategy to threaten, coerce, and extort NASCAR into meeting their demands for better contract and financial terms.”

The counterclaim was being considered in conjunction with the original antitrust lawsuit, filed joint by the teams in October 2024, by 23XI Racing and Front Row against NASCAR. Judge Bell has set the trial date for December 1.

Jeffrey Kessler, the lead counsel for 23XI and Front Row issued the following statement on Tuesday:

"We are thankful for Judge Bell’s thoughtful consideration of the facts and the law, and his decision to grant Summary Judgment in my clients’ favor against the NASCAR counterclaim. Today’s decision has only reaffirmed my clients’ unwavering pursuit of a more fair and equitable sport. Their determination remains strong as we continue our efforts for a resolution that benefits everyone - teams, drivers, employees, partners and fans."