CHARLOTTE, NC – A protracted legal battle that threatened to disrupt the fabric of stock car racing concluded today as 23XI Racing and Front Row Motorsports reached a settlement with NASCAR, bringing an end to a high-stakes antitrust lawsuit. The resolution, announced on the ninth day of the trial in the Western District of North Carolina, heralds a new chapter for the sport, with a renewed emphasis on collaboration and the fan experience.
Lead attorney Jeffrey Kessler, representing both 23XI Racing and Front Row Motorsports, informed Judge Kenneth D. Bell of the successful resolution at 10:03 a.m. in the Potter Courtroom. While the verbal agreement marked a pivotal moment, the formalization of the terms required parties to convene privately to draft a written settlement. Judge Bell, keen to expedite the process, remained on the bench, encouraging the parties to finalize the agreement.
The day commenced with an early arrival of legal teams, signaling the anticipation of a breakthrough. Judge Bell, arriving shortly before the scheduled 8:30 a.m. session, dismissed the jury, acknowledging the potential need to "sacrifice an hour of your time to hopefully save several hours more." The absence of courtroom monitors, a fixture throughout the trial, further indicated a shift away from witness examinations.
Upon Judge Bell’s return from his chambers at 9:58 a.m., the atmosphere in the courtroom was palpable. The presence of 23XI co-owners Michael Jordan and Denny Hamlin, alongside Curtis Polk, indicated a move towards resolution. Polk, who had yet to testify and was subject to federal rules preventing his attendance until his testimony, was permitted to remain after NASCAR’s legal team, led by Lawrence Buterman, raised no objections. This gesture of goodwill, culminating in handshakes between legal representatives and team principals, underscored the evolving dynamic of the proceedings.
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Kessler then reappeared, informing Judge Bell that a moment was needed to "close the loop" and deliver "some news." This news, delivered shortly thereafter, was the confirmation that a settlement was being drafted. By 10:21 a.m., Buterman presented the drafted settlement to Judge Bell, who, after a five-minute review, recalled the jury at 10:26 a.m.
"As so happens, an hour turns into two but we indeed saved you a great deal of time," Judge Bell announced to the jury. "This trial has been settled, meaning, it’s over." He commended the jury for their attentiveness and understanding of the case’s complexities, acknowledging that while the lack of a verdict might be "dissatisfying," their engagement had facilitated the resolution. "I commend you for that," he added, recognizing their crucial role in bringing about the settlement that judicial mediation had failed to achieve.
The settlement, reached after 14 months of legal wrangling, marks a significant victory for 23XI Racing and Front Row Motorsports. While the specific terms were not immediately publicized, provisional details emerged, painting a picture of a restructured charter system. Charters are now effectively equivalent to franchises in traditional sports, providing teams with a level of security previously absent. This development ensures that these assets are protected, thereby increasing the enterprise value of the teams. Crucially, this was achieved without NASCAR incurring direct costs, and the France family, owners of NASCAR, maintained their operational control and ownership structure.
NASCAR is scheduled to convene a call with non-party teams to discuss the implementation and ratification of the new agreement, which will require universal consent. The lawsuit, initiated 14 months prior, alleged anti-competitive practices by NASCAR, stemming from disputes over the terms of the 2025 charter agreements. The teams had sought $720 million annually under the new charter framework, but ultimately settled for $431 million per year with 13 of the 15 charter-holding teams.
A key point of contention had been the permanence of the charter system. While NASCAR initially offered a seven-year term with a seven-year option, the settlement appears to have solidified the charters as evergreen, providing long-term stability. The "three-strike" rule, which allowed teams to challenge NASCAR’s decisions, was also a significant point of negotiation. While not renewed in its original form, the settlement introduces a "five-strike" rule, offering a revised mechanism for team recourse, and establishes a council for discussion of changes, albeit without a voting or veto power for the teams.
Following the court’s adjournment, all parties emerged from the courthouse, their interactions reflecting a newfound spirit of cooperation. "I’m pleased to say the parties have positively settled this matter in a way that will benefit the industry going forward," stated Kessler, emphasizing the collaborative nature of the resolution.
Lawrence Buterman, representing NASCAR, highlighted the preservation of the charter system as a primary objective. "One of the key issues here for NASCAR has always been the preservation of the charter system," he said. "And we are thrilled that through this system we get to preserve the charter system for the teams and stakeholders while at the same time providing NASCAR with the flexibility to run the sport in the best interest of all of the shareholders."
Michael Jordan, co-owner of 23XI Racing, articulated his belief in the power of synergy between teams and NASCAR. "I’ve said this from Day 1: Only way this sport is going to grow is we have to find some synergy between the two entities, and I think we’ve gotten to that point," Jordan remarked. He acknowledged the lengthy process but praised the "level heads" that ultimately facilitated the resolution. "I think both parties got to that point and we realized we have an opportunity to do this, so we dove in and actually did it."
Jim France, NASCAR CEO, echoed Jordan’s sentiment, expressing a desire to return to the core of the sport. "We can get back to focusing on what we really love, and that’s racing," France stated. "We spent a lot of time not really focused on that as much as we need to be. So, I feel like we’ve made a very good decision here together and we have a big opportunity to continue growing the sport."
When pressed about what precipitated the settlement, Jordan reiterated the importance of "level heads" and a collective consideration for the sport’s well-being. He acknowledged that compromise was essential, with both sides conceding on aspects of their agendas to arrive at a conclusion that benefits NASCAR as a whole.
Denny Hamlin, driver and co-owner of 23XI Racing, expressed optimism about the settlement’s impact. "I feel like everything within this settlement is going to grow this sport and it’s going to be better for everyone, there’s no doubt about it," he said.
The conclusion of the lawsuit signals a pivotal moment for NASCAR, allowing teams and the sanctioning body to redirect their energies towards enhancing the racing product and engaging with their fanbase. The legal entanglements had cast a shadow over the sport, potentially hindering investment and strategic development. With the resolution in place, the focus can now firmly return to the track, the drivers, and the millions of fans who constitute the lifeblood of NASCAR. The collaborative spirit demonstrated in the final hours of the trial suggests a potential for a more unified and prosperous future for stock car racing.
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