CHARLOTTE, N.C. — NASCAR and two of the organizations that run cars in its top-tier Cup Series returned to court Thursday after two failed days of mediation and resumed their bitter antitrust fight with a hearing that included team co-owner Michael Jordan laughing in disbelief at some of the testimony as the two sides hurtle toward a trial.
“Today’s hearing confirmed the facts of NASCAR’s monopolistic practices and showed NASCAR for who they are: retaliatory bullies who would rather focus on personal attacks and distract from the facts,” Jeffrey Kessler, who represents the two teams, said afterward. “My clients have never been more united and committed to ensuring a fair and competitive sport for all teams, partners, drivers and fans. We’re going to trial to hold NASCAR accountable.”
The lawsuit was filed a year ago by 23XI Racing — which is co-owned by Jordan, the basketball legend’s business manager Curtis Polk, and Joe Gibbs Racing driver Denny Hamlin — and Front Row Racing, which is owned by entrepreneur Bob Jenkins. They are the only two organizations out of 15 in the Cup Series at the time to refuse to sign extensions for new charter agreements after more than two years of negotiations.
Charters are at the heart of NASCAR’s business model, guaranteeing revenue and access to weekly races, and without them both 23XI and Front Row say they will almost surely go out of business.
Other teams have called for a settlement to clear the air and move the stock car series forward, but three mediation sessions have apparently gone nowhere, and Thursday’s hearing laid bare how far apart they are. The trial is scheduled for Dec. 1.