Racing Titans Hendrick and Penske Subpoenaed for Depositions in Landmark NASCAR Antitrust Case

Charlotte, NC – In a significant development that could shape the future of stock car racing, prominent team owners Rick Hendrick and Roger Penske have been formally ordered by the U.S. District Court for the Western District of North Carolina to undergo deposition interviews. This pre-trial discovery is a crucial step in the antitrust lawsuit filed by 23XI Racing and Front Row Motorsports against NASCAR, with the trial slated to commence on December 1st.

A deposition is a critical component of the pre-trial discovery process, wherein parties involved in litigation are compelled to provide sworn testimony and relevant documentation under oath. This process allows legal teams to gather information, clarify facts, and assess the strengths and weaknesses of opposing arguments before a trial. In this instance, the order mandates that Hendrick and Penske, both titans of the NASCAR Cup Series ownership landscape, must submit to questioning by attorneys representing the plaintiff teams.

The impetus for this judicial order stems from a strategic move by 23XI Racing and Front Row Motorsports. These teams petitioned the court for the opportunity to depose Hendrick and Penske after NASCAR, in a recent court filing, indicated its intention to call both individuals as witnesses during the upcoming trial. This disclosure, according to the plaintiff teams, came as a surprise, as it occurred late in the discovery phase, well after the established deadline for identifying key witnesses.

In their motion to the court, filed on Wednesday afternoon, the plaintiff teams articulated their concerns regarding NASCAR’s late disclosure of these pivotal figures. Their legal counsel, led by Jeffrey Kessler, argued that NASCAR’s delay in naming Hendrick and Penske as potential witnesses was a deliberate tactic, akin to "sandbagging," designed to potentially disadvantage the plaintiffs. The teams highlighted that NASCAR had previously subpoenaed extensive financial and documentary evidence from the Penske and Hendrick Cup Series teams, particularly concerning negotiations surrounding the 2025 Charter agreements. This extensive discovery, they contended, implicitly acknowledged NASCAR’s awareness of the knowledge these individuals possessed regarding the case’s central issues.

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The motion from 23XI Racing and Front Row Motorsports stated, in part: "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."

The plaintiffs further argued that depositions were the sole equitable recourse to prevent an "unfair surprise" during the trial and to avoid potential disruptions that would necessitate the court and jury dedicating time to foundational issues that could have been addressed through prior sworn testimony. They pointed out that while exclusion of their testimony might be justifiable given the circumstances, their primary request was simply the opportunity to conduct these depositions.

"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," the motion continued. "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 lodge any objections to the plaintiffs’ motion seeking to depose Hendrick and Penske. This acquiescence suggests a potential shift in NASCAR’s strategy or an acknowledgment of the court’s authority in managing the discovery process.

Hours after the motion was filed, Judge Kenneth D. Bell, presiding over the case, granted the request. The judicial order 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 at trial, occurring "well after the close of fact discovery." Consequently, the court ruled that the plaintiffs would be permitted to depose both prominent figures prior to the commencement of the antitrust trial.

The antitrust lawsuit itself centers on allegations by 23XI Racing and Front Row Motorsports that NASCAR’s business practices, particularly concerning revenue sharing and the control over team charters, constitute anti-competitive behavior. These charters are effectively licenses that guarantee teams a starting spot in Cup Series races and entitle them to a share of NASCAR’s purse. The dispute has brought to the forefront long-standing tensions between the sanctioning body and a segment of its car owners regarding the economic structure of the sport.

Rick Hendrick, owner of Hendrick Motorsports, is arguably the most successful team owner in NASCAR history. His organization has amassed an unparalleled record of 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 stewardship. Hendrick Motorsports fields four full-time Cup Series entries, consistently contending for victories and championships across multiple seasons.

Roger Penske, known as "The Captain," is another iconic figure in motorsports. Beyond his formidable NASCAR presence with Team Penske, which has secured multiple Cup Series championships and Daytona 500 victories, Penske also owns the historic Indianapolis Motor Speedway and the IndyCar Series. His involvement in this antitrust case underscores the broader implications for motorsports governance and economic fairness. Team Penske currently operates two full-time Cup Series teams, known for their engineering prowess and competitive drive.

The depositions of Hendrick and Penske are expected to provide invaluable insights into the decision-making processes and the perceived rationale behind NASCAR’s business models and governance. Their testimony could illuminate the intricate negotiations surrounding the charter system, the financial dynamics of team ownership, and the competitive landscape of professional stock car racing. The outcomes of these interviews may significantly influence the trajectory of the antitrust trial and potentially lead to substantial reforms within NASCAR’s operational framework.

The upcoming trial, set to begin on December 1st, will be closely watched by stakeholders across the motorsports industry. The resolution of this antitrust dispute has the potential to redefine the relationship between NASCAR and its teams, impacting the sport’s economic viability and competitive balance for years to come. The depositions of Hendrick and Penske represent a critical juncture in this legal battle, bringing two of the sport’s most influential figures directly into the discovery process.