As anticipated after final week’s lawsuit submitting, 23XI Racing and Entrance Row Motorsports have filed a movement for a preliminary injunction, searching for to maintain their charters for the 2025 season whereas the lawsuit is ongoing. If their request just isn’t granted, they are going to be compelled to compete as “open” groups subsequent yr, dropping out on important income. They might additionally lose the flexibility to be locked into each race — notably the Daytona 500, the place a number of automobiles go house yearly. That race alone accounts for 15% of the overall season purse, per this newest courtroom submitting.
Moreover, the 2 groups have filed a movement for expedited discovery, requesting “instant entry to paperwork and recordsdata from NASCAR executives.”
These named embody NASCAR’s CEO Jim France, Govt Vice Chair Lesa France Kennedy, Govt Vice President and Chief Venue & Racing Improvements Officer Ben Kennedy, Chief Working Officer Steve O’Donnell, President Steve Phelps, and Senior Vice President of World Technique Scott Prime.
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Particular paperwork that 23XI and FRM are in search of:
Paperwork discussing the necessary launch provision within the 2025 constitution settlement
Paperwork discussing NASCAR’s determination to finish negotiating with the Staff Negotiating Committee and solely negotiate with particular person racing groups for the 2025 constitution settlement
Paperwork discussing NASCAR’s determination to current to the groups a take-it-or-leave-it remaining proposal for the 2025 constitution settlement.
Paperwork and recordsdata surrounding NASCAR’s unique or restrictive contracts with independently owned racetracks which have hosted Cup Sequence races since 2016, NASCAR’s acquisitions of the Worldwide Speedway Company (ISC) and Car Racing Membership of America (ARCA), and the constitution settlement provisions that limit groups from competing in non-NASCAR occasions and from utilizing Subsequent Gen components and automobiles in non-NASCAR occasions.
Entrance Row Motorsports leads the best way at Talladega with Michael McDowell (No. 34) and Todd Gilliland (No. 38).
Picture by: Rusty Jarrett / NKP / Motorsport Pictures
“The 23XI and Entrance Row Motorsports groups are absolutely dedicated to competing in subsequent yr’s Cup Sequence,” learn a press release launched on Wednesday. “As we speak’s procedural submitting is the subsequent step in advancing our case towards NASCAR and their monopolistic practices, whereas defending our drivers, race groups, and sponsors by establishing our authorized proper to run in 2025.”
Added Jeffrey Kessler, the lead counsel representing the groups: “NASCAR’s dominant management over racing just isn’t due to its superior talent or enterprise acumen, however fairly its historical past of exclusionary acts and restrictive agreements which have stifled competitors by its monopoly energy. We imagine our expedited discovery requests of NASCAR and the France household will make clear their anticompetitive practices and help a preliminary injunction ruling that 23XI and Entrance Row Motorsports have a legally protected proper to race subsequent yr whereas our antitrust case proceeds in Court docket.”
Final Wednesday, the groups filed a 43-page lawsuit alleging that NASCAR was in violation of the Sherman Antitrust Act of 1890 and accused them of illegal monopolistic practices. 23XI and FRM each compete with two full-time Cup automobiles, and have made it recognized that they intend to increase to three-car operations for the 2025 season.
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