Ford team Front Row Motorsports (FRM) and Toyota outfit 23XI Racing jointly filed an antitrust lawsuit against NASCAR last year, alleging that the sport’s proposed charter system was monopolistic. After reaching a tentative agreement, NASCAR has fired back against FRM and 23XI, filing yet another appeal against both teams just days before the 2025 Daytona 500.
According to a report from the Associated Press, NASCAR filed the appeal on Wednesday, February 12th, 2025 – one hour before the Ford team hit the track for Daytona 500 qualifying. The sport filed a 68-page appeal, making the argument that a federal judge was wrong in recognizing FRM and 23XI as chartered teams for the 2025 racing season and urging the court to reconsider this ruling.
That judge was U.S. District Judge Kenneth Bell of the Western District of North Carolina, who issued a preliminary injunction allowing FRM and 23XI to proceed with plans to compete as chartered teams in the 2025 season. Bell previously denied NASCAR’s motion to have the suit dismissed, as well as the sport’s request that both FRM and 23XI post bond to cover the money they would have been paid as chartered teams. If the lawsuit is lost, both teams would have to return said money.
“The district court’s injunction orders flout federal antitrust law; misapply the established rules governing the use of preliminary injunctions; ignore unrebutted, legally significant evidence; and have sweeping implications for NASCAR’s 2025 Cup Series season,” NASCAR stated. “These injunctions misuse the judicial power to force NASCAR to treat its litigation adversaries as its business partners and confidants, undermining the mutual trust that has fueled NASCAR’s growth and success.”
The appeal went on, “With neither the facts nor the law on their side, 23XI and Front Row argue it violates the Sherman Act for sports enterprises to include such standard releases in their agreements. The district court took the bait.”
A response has not been issued by FRM or 23XI as of this writing. Both teams are proceeding with plans to race as chartered entries in the forthcoming Daytona 500.
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