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CHARLOTTE, NC – In a swift and unexpected turn of events, the protracted antitrust lawsuit brought by 23XI Racing and Front Row Motorsports against NASCAR concluded today with a comprehensive settlement, bringing a decisive end to 14 months of legal proceedings. The announcement was made by lead attorney Jeffrey Kessler, representing the two prominent Cup Series teams, to Judge Kenneth D. Bell in the Potter Courtroom of the Western District of North Carolina. The resolution, finalized outside the courtroom, signals a new era of collaboration and a renewed emphasis on the core elements of stock car racing: competition and its devoted fanbase.
The breakthrough came early on the ninth day of what was anticipated to be a lengthy trial. As Judge Bell convened court at 8:30 a.m., he immediately dismissed the jury, citing the need to “sacrifice an hour of your time to hopefully save several hours more.” This foreshadowed the significant development that was about to unfold. The absence of the usual courtroom monitors, a staple of the preceding days, further indicated that witness testimony was not on the immediate agenda.
A brief recess allowed representatives from both 23XI Racing, co-owned by NBA legend Michael Jordan and NASCAR driver Denny Hamlin, and Front Row Motorsports, along with NASCAR executives, to convene in a separate room to formalize the agreed-upon terms. The atmosphere, initially tense throughout the trial, visibly shifted. As NASCAR attorney Lawrence Buterman approached the bench at 10:21 a.m. with a copy of the settlement agreement, Judge Bell spent approximately five minutes reviewing the document before recalling the jury at 10:26 a.m. to deliver the news.
“As so happens, an hour turns into two but we indeed saved you a great deal of time,” Judge Bell informed the jury. “This trial has been settled, meaning, it’s over.” He acknowledged that the jury might find the lack of a final verdict “dissatisfying” after their dedicated attention to the proceedings, but commended them for their diligence, noting that their attentiveness had achieved what two days of court-ordered mediation had not.
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The core of the lawsuit revolved around allegations of anti-competitive practices by NASCAR, particularly concerning the charter system. The plaintiffs argued that NASCAR, leveraging its monopsony power, had unfairly disadvantaged teams, impacting competition and financial viability. The dispute escalated following the finalization of the 2025 charter terms, which teams felt fell short of their collective aspirations. Key points of contention included the duration and economic guarantees of the charters, the absence of a permanent charter system, and the dismantling of the "three-strike" rule that provided teams with a mechanism to challenge NASCAR’s decisions.
Under the initial charter agreements, teams sought annual revenue of $720 million, but ultimately settled for $431 million with 13 of the 15 charter-holding teams. NASCAR’s initial stance did not guarantee the permanence of the charter system beyond a seven-year term with a seven-year option, and the crucial three-strike rule was replaced by a council for discussions without voting or veto power.
The settlement, while not immediately made public in its entirety, reportedly addresses these critical issues. Provisional details suggest that charters have now been effectively transformed into franchises, granting teams a greater degree of security and akin to ownership stakes in traditional sports leagues, though teams do not hold equity in NASCAR itself. The France family, who have owned and operated NASCAR since its inception in 1948, will continue to govern the sport. The agreement ensures that 23XI and Front Row have secured "evergreen" charters, thereby increasing their enterprise value without imposing immediate financial burdens on NASCAR. Crucially, this resolution averts potential outcomes that could have compelled the France family to divest assets, such as race tracks. NASCAR has scheduled a call with non-party teams for Thursday to discuss the implementation and ratification of the new agreement, which requires unanimous consent.
In the immediate aftermath of the court’s adjournment, all parties emerged from the courthouse and addressed the gathered media. Jeffrey Kessler expressed his satisfaction, stating, “I’m pleased to say the parties have positively settled this matter in a way that will benefit the industry going forward.” Lawrence Buterman echoed this sentiment, highlighting NASCAR’s objective: “One of the key issues here for NASCAR has always been the preservation of the charter system. 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, a central figure in the legal battle, emphasized the need for synergy between teams and the governing body. “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. “Unfortunately, it took 16 months to get here, but I think, level heads got us to this point to where we can actually work together and grow this sport. I’m very proud about that. And I think (France) feels the same.”
NASCAR CEO Jim France concurred, stating, “We can get back to focusing on what we really love, and that’s racing. 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 ultimately led to the settlement, Jordan attributed it to “level heads,” drawing a laugh from attendees. He elaborated, “In all honesty, when you get to the finish line sometimes, you have to think, not just about yourself but the sport as a whole. 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. Unfortunately, it took us this long, but we got there and that’s all that matters.” Jordan affirmed that both parties deemed the resolution worthwhile, emphasizing the necessity of compromise. “I think we both compromised on our agendas and we both came to the conclusion that this is better for the sport.”
The resolution of the lawsuit is expected to foster a more collaborative environment within NASCAR. The settlement terms reportedly include a revised "five-strike" rule, offering teams a more robust mechanism for addressing grievances than the initially proposed council. This change, alongside the enhanced security of the charter system, aims to provide greater stability and predictability for team owners.
Denny Hamlin, co-owner of 23XI Racing, expressed optimism about the settlement’s impact on the sport’s trajectory. “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.”
As the legal proceedings concluded, the focus now shifts decisively towards the future of NASCAR. The shared sentiment among key figures is a desire to channel energy and resources back into the competition itself and enhancing the fan experience. The terms of the settlement are anticipated to be formally ratified in the coming weeks, paving the way for a unified approach to the sport’s growth and evolution. Attorneys for both sides, along with team principals, were heard expressing eagerness to return to the race tracks, underscoring a collective commitment to the ongoing success of NASCAR.
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