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NASCAR antitrust trial: Scott Prime pushed on non-competes, charter negotiations

JHby: Jonathan Howard12/03/25Jondean25

Today, the testimony of NASCAR executive vice president Scott Prime continued in the antitrust trial that has shaken the sport. Prime went on the stand yesterday and is set to finish up his cross-examination this afternoon.

Jeffrey Kessler, attorney for 23XI Racing and Front Row Motorsports, questioned Prime about a number of topics. The teams are trying to build a story that NASCAR has restricted competition in the market of premier stock car racing. Kessler questioned Prime about alleged non-competes, avoiding the potential of an upstart series, and regarding the tracks that NASCAR owns and has agreements with.

Prime is a witness for 23XI and FRM. He is an “adverse witness.” He works for NASCAR, the defendant in this trial. So, his interests in this case are against those of the teams, but there is a strategy to calling someone up who may appear adversarial to your cause. Direct and cross-examination are two different ways of pulling information out of a witness. The teams clearly felt it best that they deliver the direct questions to Prime in this trial.

Jeffrey Kessler asked about the provision against team owners (of at least 10% stake) from racing in competing stock car racing series in the United States, or even owning a stake in a competing series. “You agree this is a non-compete, right?” Kessler said, via Joseph Srigley and Toby Christie of Racing America.

“A narrow one, yes,” Prime replied. “Why is that called Goodwill? What’s goodwill about keeping a team from running other series?” the attorney asked in return.

Jeffrey Kessler building teams’ story in NASCAR trial

As Kessler builds the teams’ case against NASCAR in the trial, these non-compete provisions and other such measures from the sanctioning body will be crucial. They not only want to show that these limits were placed on the teams and owners, but that it restricted them and in fact, caused harm as an antitrust violation.

Kessler made a similar point about the Next Gen car. NASCAR makes teams buy parts from single-source suppliers. On top of that, NASCAR owns the intellectual property of the car. They also more or less own the actual cars themselves, despite the teams paying to build them and run them in races.

As Prime was being questioned, a few exhibits were used. Kessler’s team put out an email to he press that included those exhibits. Also, the email included a chart detailing the asks the teams made, and what NASCAR gave them. Below is what the teams asked for:

Below is what the teams received. NASCAR is now cross-examining Prime in the trial. They will attempt to chip away at the argument Kessler made.