Hendrick and Penske Ordered to Testify in Landmark NASCAR Antitrust Proceedings

Rick Hendrick and Roger Penske, two titans of motorsports and prominent NASCAR Cup Series team owners, have been ordered by the Western District of North Carolina to undergo deposition interviews. This significant development comes as part of the antitrust lawsuit filed by 23XI Racing and Front Row Motorsports against NASCAR, with the trial slated to commence on December 1.

A deposition is a critical component of the discovery phase in legal proceedings. During a deposition, individuals are questioned under oath, providing sworn testimony that can be used as evidence in court. This process allows opposing legal teams to gather information, clarify facts, and assess the potential testimony of witnesses before a trial begins. In this instance, lawyers representing 23XI Racing and Front Row Motorsports will have the opportunity to question Hendrick and Penske directly, gaining insight into their knowledge and perspectives relevant to the antitrust claims.

The order for these depositions stems from a request made by the plaintiff teams to the judge presiding over the case. The impetus for this request arose when NASCAR, in a court filing last week, indicated its intention to call both Hendrick and Penske to the stand during the upcoming trial. This late disclosure by NASCAR caught the plaintiff teams by surprise, prompting their urgent motion to depose these key figures in advance.

In their motion to the court, filed on Wednesday afternoon, 23XI Racing and Front Row Motorsports detailed their concerns regarding NASCAR’s late notification. Lead attorney Jeffrey Kessler, representing the plaintiff teams, articulated their position, stating, "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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The plaintiffs argued that depositions are the sole viable method to avert "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 further contended that NASCAR’s actions could be interpreted as "sandbagging," suggesting an attempt to strategically withhold crucial witnesses until a point that could disadvantage the opposing parties.

While acknowledging that the circumstances might warrant excluding Hendrick and Penske’s testimony entirely, the plaintiff teams explicitly stated that this was not their primary objective. "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 read. "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."

Significantly, NASCAR has not opposed the motion to depose Hendrick and Penske. This lack of objection from the defendant organization suggests a willingness to allow the discovery process to proceed with these prominent figures.

Hours after the filing of the motion, Judge Kenneth D. Bell formally granted the request. The court’s order, citing "good cause shown," explicitly permits the depositions of Rick Hendrick and Roger Penske prior to the commencement of the trial. The judge’s reasoning highlighted that NASCAR’s identification of Hendrick and Penske as individuals with discoverable information and likely trial witnesses occurred "well after the close of fact discovery."

This legal battle centers on an antitrust lawsuit brought by 23XI Racing and Front Row Motorsports, two organizations that have achieved notable success in recent NASCAR Cup Series seasons. The specifics of the antitrust claims have not been fully detailed in public filings, but they are understood to relate to NASCAR’s business practices and governance of the sport, particularly concerning the distribution of revenue and the structure of team ownership and competition. The Cup Series Charter system, which grants teams a guaranteed starting spot in races and a share of prize money, is believed to be a focal point of the dispute, especially in light of the mention of "2025 Charter negotiations" in the plaintiff’s motion.

Rick Hendrick, through Hendrick Motorsports, is a dominant force in NASCAR. The organization has amassed an unparalleled record of success, including a record 14 Cup Series championships. Drivers such as Jeff Gordon, Jimmie Johnson, and Chase Elliott, all under the Hendrick banner, have achieved legendary status. In the current 2024 season, Hendrick Motorsports teams, driven by Kyle Larson, William Byron, Chase Elliott, and Alex Bowman, have been consistent contenders, with Byron and Larson already securing multiple victories and actively participating in the championship playoff picture.

Roger Penske, a revered figure in motorsports, operates Team Penske, another powerhouse in NASCAR. Team Penske boasts multiple Cup Series championships, including its most recent with Joey Logano in 2022. Beyond NASCAR, Penske is synonymous with success across various racing disciplines. He is the owner of the iconic Indianapolis Motor Speedway and the president of IndyCar, where his drivers have also achieved significant accolades, including numerous Indianapolis 500 victories. In the 2024 NASCAR Cup Series, Team Penske’s lineup of Joey Logano, Ryan Blaney, and Austin Cindric has experienced a mixed season, with Blaney securing a crucial victory to solidify his playoff position.

The antitrust lawsuit and the subsequent order for depositions of Hendrick and Penske underscore the evolving landscape of professional motorsports governance. As teams increasingly invest significant resources into their operations and seek greater autonomy and financial stability, disputes with sanctioning bodies over business models and operational frameworks are becoming more prevalent. The outcome of this trial could have far-reaching implications for the structure and economic future of NASCAR and potentially other motorsports series.

The depositions of Hendrick and Penske will likely provide crucial insights into the internal workings of NASCAR and the perspectives of its most influential team owners. Their testimony could shed light on the rationale behind NASCAR’s business decisions, the dynamics of team-owner relationships, and the perceived fairness of the sport’s regulatory and economic structures. As the December 1 trial date approaches, the racing world will be closely watching the proceedings, particularly the information that emerges from these high-profile depositions. The legal battle between these prominent teams and NASCAR is shaping up to be a defining moment in the sport’s history.