CHARLOTTE, N.C. — The two teams suing NASCAR over antitrust allegations contend a countersuit against 23XI Racing, Front Row Motorsports and Curtis Polk is “an act of desperation” and asked that it be dismissed.
The teams expressed this view in a filing Wednesday, their response to NASCAR’s countersuit three weeks earlier on March 5.
NASCAR’s countersuit contends that Polk, who is the business manager for retired basketball legend Michael Jordan, “willfully” violated antitrust laws by orchestrating anticompetitive collective conduct in connection with the most recent charter agreements. Jordan, Polk and Joe Gibbs Racing driver Denny Hamlin co-own 23XI, while Front Row is owned by entrepreneur Bob Jenkins.
Those were the only two organizations out of 15 competing in NASCAR’s Cup Series that refused to sign the new agreements, which were presented to the teams last September as a nonnegoitable offer 48 hours before the start of the playoffs.
The charters were fought for by the teams ahead of the 2016 season and twice have been extended. The latest extension is for seven years to match the current media rights deal and guarantee 36 of the 40 spots in each points race to the teams that hold the charters, as well as other financial incentives. Front Row and 23XI refused to sign and sued, alleging NASCAR and the France family — which founded and owns and operates the stock-car racing series — are acting as a monopoly.