- 23XI and FRM currently appealing rejection of injunction request
- Denny Hamlin previously stated entry to Daytona 500 was ‘TBD’
23XI Racing and Front Row Motorsports (FRM) have confirmed they will race as open entries in the 2025 Nascar Cup Series season.
In September, both teams refused to sign the charter agreement tabled by Nascar, citing monopolistic practices from the series. The teams then took antitrust action against the governing body.
As part of this, the teams filed an injunction to get a particular clause waived so that they could continue competing under the charter agreement until the case was resolved, but this was rejected.
Both outfits must now compete as open entries from next season, which means the pair are no longer guaranteed entry to races and will earn less than a third of what a chartered team makes for competing in a race.
FRM team owner Bob Jenkins claimed in the original injunction that the payout from the purse would be so low as an open entry that it would not cover the costs of going to the racetrack.
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23XI co-owner Denny Hamlin also previously admitted that the team’s participation next season is “TBD”, saying prior to the championship race in Phoenix that “there’s certain things that we’re going to have to navigate so I hope so”.
In an update on 16th November from the attorney for the two teams, Jeffrey Kessler said Nascar “has removed the anticompetitive release requirement in its open agreement” to allow 23XI and FRM to operate as open teams.
Crucially, both 23XI and FRM have purchase agreements in place with Stewart-Haas Racing for a charter each which currently can’t go ahead due to the ongoing lawsuit. With the teams’ existing charters expiring at the end of the year, Kessler has asked for an expedited December hearing on the appeal around the injunction.
“My clients will continue their appeal to the 4th Circuit to issue an injunction so they can run as chartered teams therefore avoiding irreparable harm,” Kessler said. “Both race teams are pleased that they will continue to be a participant in this sport that they love while fighting to make it fair and just for all.”
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