- Nascar claims 23XI and FRM ‘willfully violated antitrust laws’
- Polk allegedly tried to orchestrate boycott of 2024 Daytona qualifying race
- Teams’ attorney Jeffrey Kessler says filing is a ‘meritless distraction’ that changes nothing
Nascar has countersued 23XI Racing and Front Row Motorsports (FRM) in the latest twist in the ongoing lawsuit between the series and the two teams.
As reported by multiple outlets, Nascar has responded to FRM and Michael Jordan-owned 23XI’s original antitrust complaint with its own accusation of anticompetitive behaviour, claiming that the pair “willfully violated the antitrust laws”.
Singling out 23XI co-owner Curtis Polk, Nascar alleges that he attempted to employ underhand tactics to force the series to offer better terms in the charter agreement.
“Curtis Polk basically orchestrated and threatened a boycott of one of the qualifying races for a major event and others did not go along with him,” Nascar’s attorney Christopher Yates told the Associated Press (AP).
“He got other teams to boycott a meeting that was required by the charter. When you have a threatened boycott of qualifying races that are covered by media, that’s not a good thing for other race teams, not a good thing when you are trying to collectively grow the sport.”
According to AP, the qualifying race in question was the pair of duels that set the field for the 2024 Daytona 500.
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This is Nascar’s first public response after a court ruling in December last year allowed 23XI and FRM to compete in the Nascar Cup Series this season and receive the same benefits as other chartered teams while still pursuing their lawsuit against the series.
The ruling was a significant win for the two teams, who refused to sign Nascar’s proposal for a new charter agreement last September before filing an antitrust lawsuit against the series, in which they accused the organisation of monopolistic practices.
Commenting on Nascar’s counterclaim, Jeffrey Kessler, the attorney representing 23XI and FRM, said: “Today’s counterclaim by Nascar is a meritless distraction and a desperate attempt to shift attention away from its own unlawful, monopolistic actions. Nascar agreed to the joint negotiations that they now attack.
“When those joint negotiations failed, they used individual negotiations to impose their charter terms, which most of the teams decided they had no choice but to accept. My clients’ lawsuit has always been about transforming Nascar into a more competitive and fair sport for the benefit of drivers, fans, sponsors and teams because of their love of the sport.
“Every major sport goes through a transition to competition when antitrust claims are asserted, and that moment has come for Nascar. Today’s baseless filing changes nothing. We are confident in the strength of our case and look forward to presenting it at trial.”
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