NASCAR, FOX ask court to keep sensitive business documents sealed in antitrust lawsuit

In a recent slew of filings on Friday, NASCAR and FOX Sports are attempting to keep certain documents under seal in the lawsuit. 23XI Racing and Front Row Motorsports appear to be fine with the move from the opposing party and its business partners in FOX. But will the court agree?

Earlier in the week, FOX Sports filed a motion with the court in order to keep specific documents from being unsealed and made public in this case. There are three items specifically that FOX pointed to this week. These documents all pertain to the now-thrown-out counterclaim from NASCAR against the teams and Curtis Polk.

Documents FOX Sports wants sealed:
A) “Transcript of deposition of Jordan Bazant, Executive Vice President – Business Development & Media at FOX Sports, Business Development & Media at FOX Sports, taken June 16, 2025. The transcript was designated HIGH CONFIDENTIAL – OCO by all parties to this action and contained testimony given only under the protections of that designation;
B) Draft of FOX Sports Broadcast Agreement, which was being negotiated by FOX Sports and Defendant NASCAR; and
C) Fully executed FOX Broadcast Agreement between FOX Sports and Defendant NASCAR.”

The NASCAR lawsuit has brought many documents to light. That includes the 2025 Charter Agreement between the sanctioning body and teams. FOX Sports argues that “all three documents contain highly sensitive and proprietary business information.” They then argue that it would harm them and their business if made public.

In a response on Friday, NASCAR supported the motion. It was also noted that Plaintiffs, 23XI and Front Row, had no objection to the motion. So, it is very possible that it is approved.

NASCAR wants FOX documents sealed in lawsuit

While FOX Sports only noted three documents to keep sealed, NASCAR went further. NASCAR is asking for nine additional lawsuit documents to be kept under seal in whole or redacted in part before being made public.

In a response to the court, NASCAR supported the motion from FOX. But there were added caveats. It will be interesting if the court limits the scope to the three documents noted by FOX or if it extends that ruling to the other documents that NASCAR has named.

The NASCAR lawsuit has already revealed more than the sanctioning body would like. So, getting further redactions would benefit them moving forward. By adding additional documents to the response on Friday, attorneys for NASCAR are helping FOX out.

Basically, FOX isn’t a party to this lawsuit. So, they wouldn’t know every document that would have sensitive information on it. NASCAR’s attorneys should know that. The additions cover what FOX asked for, but open the scope to other documents related to the same concerns. We’ll see if the court keeps these records sealed or heavily redacted. If not, we could all be in for some interesting reading.