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CHARLOTTE, NC – In a significant development ahead of the high-stakes antitrust lawsuit filed by 23XI Racing and Front Row Motorsports against NASCAR, legendary team owners Rick Hendrick and Roger Penske have been ordered by the Western District of North Carolina to undergo deposition interviews. This judicial mandate comes just weeks before the trial is slated to commence on December 1st, marking a critical juncture in the ongoing legal battle.
A deposition is a formal, sworn interview conducted as part of the discovery process, allowing legal teams to gather testimony and evidence from key individuals. This procedure is designed to illuminate the facts of a case and prevent surprises during the trial itself. The request for Hendrick and Penske’s depositions was initiated by the plaintiffs, 23XI Racing and Front Row Motorsports, who argued that NASCAR’s late disclosure of these prominent figures as potential witnesses necessitated pre-trial interviews.
NASCAR had, in a court filing the preceding week, indicated its intention to call both Hendrick and Penske to the stand. This announcement reportedly came as a surprise to the plaintiff teams. In their motion to the court on Wednesday afternoon, attorneys for 23XI Racing and Front Row Motorsports detailed their rationale for needing to interview both men.
Lead attorney Jeffrey Kessler, representing the plaintiff teams, articulated their concerns in the filing: "The late disclosure certainly comes as a surprise to Plaintiffs, as NASCAR waited until well after the close of fact discovery to disclose these witnesses, even though NASCAR was well-aware of their existence and knowledge regarding the facts at issue in the case. Indeed, NASCAR subpoenaed the Penske and Hendrick Cup Series teams seeking extensive discovery about their financials and documents related to the 2025 Charter negotiations, among other things. Yet, it did not disclose these individuals as potential witnesses."
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Kessler further elaborated on the necessity of depositions, stating, "Depositions are the only option to avoid unfair surprise at trial and trial disruptions requiring counsel to waste court and jury time on foundational issues that could have been explored during depositions." The plaintiffs’ legal team also alluded to the possibility of seeking the exclusion of Hendrick and Penske’s testimony, citing NASCAR’s delayed disclosure as a potential procedural violation. However, their immediate request was limited to the opportunity to conduct depositions.
The motion filed by Kessler’s team highlighted the timing of NASCAR’s disclosure: "As detailed above, NASCAR amended its initial disclosures multiple times, but inexplicably waited until more than two months after the close of discovery to disclose Messrs. Hendrick and Penske. Exclusion of their testimony would be appropriate under these circumstances. Nonetheless, Plaintiffs do not seek the exclusion remedy at this juncture. Instead, they ask that the Court grant them leave to depose Messrs. Hendrick and Penske before trial."
Notably, NASCAR did not oppose the plaintiffs’ motion to depose Hendrick and Penske. This lack of objection likely paved the way for a swift judicial decision.
Hours after the motion was filed, Judge Kenneth D. Bell granted the request. The court’s order stated: "THIS MATTER is before the Court on Plaintiffs’ Motion for Discovery which seeks leave to depose Rick Hendrick and Roger Penske prior to trial. Plaintiffs’ motion states that ‘NASCAR has indicated it takes no position on this motion.’ For good cause shown (NASCAR’s identification of Mr. Hendrick and Mr. Penske as persons with discoverable information and likely to be called as witnesses at trial well after the close of fact discovery), the Court will GRANT the motion and permit Plaintiffs to depose Mr. Hendrick and Mr. Penske prior to trial."
Rick Hendrick is the founder and owner of Hendrick Motorsports, one of the most dominant and successful organizations in NASCAR history. His teams have amassed an unparalleled record of championships and race wins across various NASCAR series. Hendrick Motorsports currently fields entries in the NASCAR Cup Series for drivers such as Alex Bowman, William Byron, Chase Elliott, and Kyle Larson. In the 2023 Cup Series season, Hendrick Motorsports drivers secured multiple victories and contended for the championship, underscoring the team’s continued prowess. The team’s financial strength and operational strategies are widely considered benchmarks within the sport.
Roger Penske, often referred to as "The Captain," is a towering figure not only in NASCAR but also in the broader motorsports landscape. His eponymous organization, Penske Entertainment Corporation, owns the Indianapolis Motor Speedway and the IndyCar Series, in addition to its highly successful NASCAR Cup Series operation, Team Penske. Team Penske is renowned for its meticulous approach to engineering and driver development, consistently producing championship-caliber performances. In the NASCAR Cup Series, Team Penske drivers have included luminaries like Joey Logano, Ryan Blaney, and Austin Cindric, all of whom have achieved significant success, including multiple championships and the prestigious Daytona 500.
The antitrust lawsuit at the heart of this legal proceeding centers on allegations that NASCAR has engaged in monopolistic practices, thereby stifling competition and limiting the financial opportunities for independent race teams. The core of the dispute reportedly revolves around the NASCAR charter system, a mechanism implemented by the sanctioning body that grants teams a guaranteed entry into Cup Series races and a share of certain revenues. The plaintiffs contend that the terms and conditions associated with these charters, as well as NASCAR’s broader control over the sport’s economics, are anti-competitive.
The upcoming trial promises to be a landmark event in the history of stock car racing, with the testimony of two of its most influential figures set to be a critical component. The depositions of Hendrick and Penske will likely provide crucial insights into the inner workings of NASCAR team ownership, the financial dynamics of the sport, and the teams’ perspectives on the regulatory framework imposed by the sanctioning body. The revelations from these interviews could significantly shape the narrative and the eventual outcome of the antitrust litigation, potentially impacting the future structure and governance of NASCAR for years to come.
The trial’s commencement on December 1st will mark the culmination of a protracted legal process, with the depositions of Hendrick and Penske now firmly scheduled to occur before the courtroom proceedings begin. The scope of their testimony, particularly regarding their knowledge of NASCAR’s business practices and the charter negotiations, will be closely scrutinized by legal experts and observers of the sport alike. The case underscores the complex interplay between business, competition, and regulation within professional motorsports.
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