Insider lays out what happens if 23XI, FRM win antitrust lawsuit vs. NASCAR

Monday, Dec. 1, is the day. 23XI Racing and Front Row Motorsports will go to trial against NASCAR in Charlotte.

The two teams filed an antitrust lawsuit against the sanctioning body and its CEO Jim France in October 2024, accusing them of monopolistic practices. What exactly will happen if 23XI/FRM win the case? Bob Pockrass of FOX Sports explained in detail on Sunday:

-Jury determines monetary damages, only actual damages
-Judge could triple that amount
-Judge determines antitrust remedies. Anything possible such as sell the tracks, permanent charters, no charters, get rid of Next Gen concept, no exclusivity clauses

Of the 15 Cup Series teams that hold the 36 available charters, 23XI and FRM were the only teams that did not sign the Charter Agreement in August 2024. Two months later, they filed a joint lawsuit against NASCAR and France.

Multiple attempts at reaching a settlement before trial have failed. Both sides are dug in and believe they have a winning case. Judge Kenneth Bell, however, has made it clear he doesn’t see a winner here.

“It’s hard to picture a winner if this goes to the mat — or to the flag — in this case,” Bell said in June. “It scares me to death to think about what all this is costing.”

23XI/FRM, NASCAR set for trial

Nothing, at this point, is stopping this from going to trial. Jury selection starts Monday morning (nine jurors, three alternates). The trial is scheduled for 10 days. A settlement can happen any time — during trial, after trial while judge makes any additional determinations or while case is on appeal, according to Pockrass. The NASCAR insider expects this to go to the U.S. Court of Appeals, which could take another year or two.

Earlier this week, 23XI designated team co-owner Michael Jordan as its corporate representative, meaning he can be in the courtroom for all witness testimony. Michael McCann of Sportico recently explained how Jordan could have a big impact on the case.

“When Jordan testifies, he will be instantly familiar to jurors, which could make his testimony especially impactful,” McCann wrote. “That is also true when he faces cross-examination and is forced to answer difficult questions, including about potential drawbacks to the trial outcome he seeks.”