23XI Racing, FRM file motion to 'force' Rick Hendrick and Roger Penske to testify beyond what 'NASCAR CEO Jim France has asked them to provide'

23XI Racing and FRM's antitrust lawsuit against NASCAR has taken an interesting turn. The two teams have called forth Rick Hendrick and Roger Penske to testify in front of the court.

During the initial back and forth on the summary motion, NASCAR had submitted letters of declaration from multiple team owners, including the likes of Joe Gibbs, Richard Childress, Rick Hendrick and Roger Penske. All of them basically threw their support behind the France family and backed the 2025 charter deal as well.

The notion stood against the grounds by which 23XI Racing was contending. After the court granted the two teams their summary motion on market definition, they've now shifted to dismantling NASCAR's remaining defence with other team owners. Notably, 23XI's co-owner, Michael Jordan, had previously warned that teams who didn't support them would come to regret it.

NASCAR reporter Jeff Gluck shared the latest development on X, writing,

"In a new motion today, 23XI and Front Row are asking the court to force Rick Hendrick and Roger Penske to testify about all topics, not just the "sanitized trial testimony that they admit NASCAR CEO Jim France has asked them to provide.""

Jeff Gluck

@jeff_gluck

In a new motion today, 23XI and Front Row are asking the court to force Rick Hendrick and Roger Penske to testify about all topics, not just the "sanitized trial testimony that they admit NASCAR CEO Jim France has asked them to provide."

23XI Racing and FRM stand to lose their charters if they don't win the lawsuit. This places the teams in a precarious situation where a single misstep can derail their momentum. As such, the two teams have also asked for a partial dismissal of their lawsuit involving the International Speedway Corporation.

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Antitrust expert points out 23XI Racing and FRM's upper hand over NASCAR

In an interview with Bloomberg Law, NYU Antitrust professor Harry First, discussed 23XI Racing and FRM's summary motion against NASCAR. He believes the sanctioning body undercut its own case when it filed the counterclaim, since such a complaint will require them to define their own market, the very notion that the two teams have been building upon.

Apparently, the market definition provided by NASCAR matches that of the teams. Reflecting upon the same, First said,

“The judge (Bell) says, 'Guess what? NASCAR, you filed a counterclaim against these driver teams'... Now unfortunately for them when you file a complaint in antitrust, normally you have to put in your complaint what the relevant market is. So, they defined a market that was pretty much the same as the market that Michael Jordan defined, but basically the same labor market. It's these racing teams, the premier stock car racing group at the very top."(29:50 onwards)

"So, the judge says, "Sorry, you've already admitted it and you know, we hold that you've made this admission," he added.

Now that NASCAR is defined as the premier stock car racing series, it's up to 23XI Racing and FRM to prove that the governing body abused its powers under said market.