The antitrust lawsuit between NASCAR and 23XI Racing is heading for a December trial after two days of failed settlement talks. However, Judge Kenneth D. Bell has promised a ruling on the summary motion in two weeks.On Thursday, October 24, a three-and-a-half-hour hearing was held to address the summary motion arguments of both parties. While 23XI and Front Row Motorsports sought to define NASCAR's market as 'premier stock car racing', the sanctioning body argued that other motorsports should be included in the same category.If the judge ruled in favour of the teams, it would mean the National Series essentially has a chokehold on the market. However, Judge Bell has hinted that neither side may come out victorious due to conflicting disputes.NASCAR reporter Matt Weaver went over Thursday's proceedings and reported the following:"Judge Bell says any summary judgment rulings will come within two weeks. Biggest takeaway was that Judge Bell thanked both parties for their good faith mediation over the past two days, and while something could change, this matter seems destined for a trial in December."23XI's counsel, Jefferey kessler, shared a confident stance on the December trail."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. My clients have never been more united and committed to ensuring a fair and competitive sport for all teams, partners, drivers and fans," he said via Jayski.com23XI and FRM have been contesting as open teams ever since the July race at Dover Motor Speedway, following the court’s decision to remove the preliminary injunction that temporarily protected their charter status. Nonetheless, the governing body has ensured that their charters won't be sold until the lawsuit ends.Jeb Burton complains of missed opportunity due to NASCAR's antitrust lawsuitJeb Burton had a Cup Series race lined up at Talladega Superspeedway, but the ongoing lawsuit has thrown a wrench in his efforts. According to the two-time Xfinity Series race winner, 23XI and FRM's fixture among the open teams have made it a tough ask for part-time entries."I was supposed to be in this race today had it all signed and done but this lawsuit situation made it very difficult for us to be able to go and make the race so we backed off. Hopefully next year," he said in a tweet on Sunday, October 19.The sport currently has 36 full time drivers, while four part-time entries are usually available. The number of drivers competing in a year has shrunk when compared to the pre-charter era. Back in 2015, 75 drivers competed in the Cup Series, and the number was down to 61 after the charter system was introduced the following year.