23XI, FRM vs. NASCAR: All the must-know moments that shaped the first week of antitrust lawsuit trial 

NASCAR Antitrust Lawsuit Trial Begins In Charlotte, North Carolina - Source: Getty
NASCAR Antitrust Lawsuit Trial Begins In Charlotte, North Carolina - Source: Getty

NASCAR's highly contentious lawsuit with 23XI and FRM ended its first week of trial on Friday, December 5. The proceedings have revealed the inner workings of both parties involved, while a media frenzy has accompanied them every step of the way. Here's a recap of all the turning points so far.

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Day 1 - Denny Hamlin's testimony strikes a chord

After Jury selection and the attorney's opening statements, Denny Hamlin took the stand with an emotional testimony about his roots in NASCAR. The JGR driver got teary-eyed as he recapped his family's sacrifices to get him racing.

He later went over the struggles of landing a sponsor in the sport, saying(via Motorsport.com),

"First, I have to fend off the seriesIf a new sponsor want to come in, NASCAR will go after them. I have to fight them. I have to fight other teams for them."
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Hamlin's testimony ended within an hour due to time limits, but the co-owner continued on the second day.


Day 2 - NASCAR faces the heat

Denny Hamlin had a gruelling four-hour cross-examination on the second day, but didn't falter under pressure. Hamlin pointed out that 11 of the original chartered teams have closed shop due to the high operating costs. He explained that a team can't grow by cutting costs, a notion that apparently runs contrary to the sanctioning body.

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Scott Prime, NASCAR's Executive Vice President and Chief Strategy Officer, was then grilled by 23XI's attorney Jeffery Kessler. He was questioned about the non-compete clauses that prevented rival series from competing in SMI-owned tracks.

Prime feigned ignorance on the subject, but Kessler noted that Prime organised the negotiations in the first place. Upon further prodding, the executive claimed that the governing body had those clauses to protect tracks from being turned into parking lots and data centers. It's worth noting that series did just that with its Fontana track at Auto Club Speedway.

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Day 3 - FRM owner takes the stand

Scott Prime's testimony continued into the third day as he was questioned about NASCAR's 'monopolistic' take-it-or-leave-it approach with charter negotiations. It was also revealed that of the 22 demands from the teams, only one of them was met by management.

Front Row Motorsports owner Bob Jenkins later took the stand. Jenkins reported that FRM has never been a profitable venture and loses $6.8 million per year. When asked about the charter negotiations, he said(via aforementioned source),

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"There was a lot of passion, a lot of emotion, especially from Joe Gibbs, he felt like he had to sign it. Joe Gibbs felt like he let me down by signing. Not a single owner said, ‘I was happy to sign it.’ Not a single one.”

He also called the tight negotiation deadlines 'insulting' and 'backwards'.

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Day 4 - NASCAR president stumbles under pressure

NASCAR president Steve O'Donnell endured a two-day cross-examination that took a stab at his legal threat for the SRX series. O'Donnell explained that he felt the series resembled the 'look and feel' of NASCAR while hiring active Cup Series drivers for one-off events.

He was then asked about CEO Jim France's expletive-laden rant against JGR co-owner Heather Gibbs. The executive couldn't give a straight answer on the subject, which led to Gibbs' testimony on the fifth day.

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Day 5 - Heather Gibbs and Michael Jordan conclude the first week of trial

Heather Gibbs' testimony revealed the tense conditions surrounding the charter negotiations. She echoed Bob Jenkins' views on the tight deadlines.

Michael Jordan then took the stand and shared his love for the sport and how he believes the lawsuit could be a positive turnaround for the series. He then spoke to Bloomberg Law and remained '100% confident' of winning the case.

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Edited by Vignesh Kanna
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