rifan muazinCharlotte, NC – In a significant development leading up to the December 1st antitrust trial, Rick Hendrick and Roger Penske, two of NASCAR’s most influential team owners, have been ordered by the Western District of North Carolina to provide deposition interviews. These sworn interviews will be conducted by attorneys representing 23XI Racing and Front Row Motorsports, the plaintiffs in the antitrust lawsuit filed against NASCAR.
The order stems from a motion filed by the plaintiff teams, who argued that the late disclosure of Hendrick and Penske as potential witnesses by NASCAR constituted a surprise and threatened to disrupt the trial proceedings. A deposition is a formal, pre-trial interview under oath, a crucial component of the discovery phase where legal teams gather evidence and testimony to understand the opposing side’s case.
The request for depositions from Hendrick and Penske arose after NASCAR indicated in a recent court filing its intention to call both prominent figures to the stand during the upcoming trial. This announcement came as a surprise to 23XI Racing and Front Row Motorsports, who contended that NASCAR had waited until "well after the close of fact discovery" to reveal these witnesses, despite being "well-aware of their existence and knowledge regarding the facts at issue in the case."
In their motion to the court, the plaintiff teams, represented by lead attorney Jeffrey Kessler, highlighted NASCAR’s extensive discovery requests targeting the Penske and Hendrick Cup Series teams. These requests reportedly included detailed inquiries into their financial information and documents pertaining to the 2025 Charter negotiations, among other sensitive matters. Despite this deep dive into the operations of these rival teams, NASCAR had not previously identified Hendrick and Penske as potential witnesses.
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The plaintiff teams argued that allowing Hendrick and Penske to testify without prior deposition would constitute "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." They suggested that NASCAR’s actions could warrant the exclusion of their testimony, but instead, they sought the more immediate remedy of being permitted to depose both individuals before the trial commenced.
"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," the motion stated. "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 object to the motion seeking the depositions. This lack of opposition from the sanctioning body paved the way for a swift judicial decision.
Hours after the motion was filed, Judge Kenneth D. Bell granted the request, issuing an order that permits the depositions of Rick Hendrick and Roger Penske to proceed before the trial begins. The court’s decision explicitly cited "good cause shown" due to NASCAR’s identification of Mr. Hendrick and Mr. Penske as individuals possessing discoverable information and likely to be called as witnesses, particularly given the timing of this disclosure well after the fact discovery period had concluded.
Rick Hendrick, the founder and owner of Hendrick Motorsports, has built one of the most dominant organizations in NASCAR history. Hendrick Motorsports has amassed a record 14 Cup Series championships, with drivers like Jimmie Johnson (7 titles), Jeff Gordon (4 titles), and Chase Elliott (1 title) achieving legendary status under his ownership. The team consistently fields competitive entries, often setting benchmarks for performance and innovation within the sport. In the 2023 season, Hendrick Motorsports drivers William Byron and Kyle Larson secured multiple wins, with Byron ultimately winning the 2023 Cup Series championship.
Roger Penske, often referred to as "The Captain," is a titan of motorsports. His NASCAR operation, Team Penske, is equally formidable, boasting multiple Cup Series championships, including those won by Joey Logano in 2018 and 2022, and Ryan Blaney in 2023. Beyond NASCAR, Penske’s influence extends to IndyCar, where his teams have achieved unparalleled success at the Indianapolis 500, and he is the current owner of the Indianapolis Motor Speedway. Team Penske is renowned for its meticulous preparation, strategic prowess, and consistent pursuit of excellence across all disciplines of racing.
The antitrust lawsuit itself centers on allegations that NASCAR has engaged in anti-competitive practices, particularly concerning its control over the sport’s premier series and the economic structure that governs team participation. While the specific details of the plaintiffs’ claims remain under seal pending further proceedings, the involvement of Hendrick and Penske in depositions suggests their testimony could shed light on critical aspects of NASCAR’s business operations, governance, and the historical evolution of team ownership and charter agreements.
The charter system, a key element in the ongoing legal dispute, provides teams with a guaranteed starting spot in Cup Series races and a share of NASCAR’s revenue. The negotiations surrounding the renewal and structure of these charters for the post-2024 era have been a focal point of discussions and, reportedly, a significant area of inquiry by NASCAR in its discovery requests to Team Penske and Hendrick Motorsports. The plaintiffs’ concern about NASCAR potentially leveraging its control over these charters and the disclosure of key figures like Hendrick and Penske at the eleventh hour underscores the high stakes involved in this litigation.
The inclusion of these two legendary figures in the pre-trial discovery process signals the seriousness and complexity of the antitrust case. Their insights, gained through decades of experience at the pinnacle of stock car racing, are expected to be pivotal in shaping the understanding of the court regarding the alleged anti-competitive conduct. As the December 1st trial date approaches, the depositions of Rick Hendrick and Roger Penske represent a critical juncture, potentially revealing key evidence and perspectives that could influence the outcome of this landmark antitrust battle within NASCAR.
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