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Judge warns 23XI and FRM “you can’t have your cake and eat it too”

23XI Racing and Front Row Motorsports faced off with NASCAR on Friday in the latest war of words as this tense legal battle continues. It was Judge Paul Victor Niemeyer, Judge Steven Agee, and Judge Stephanie Thacker listening to oral arguments in the United States Court of Appeals located in Richmond, Virginia. This appeal centers […]

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23XI Racing and Front Row Motorsports faced off with NASCAR on Friday in the latest war of words as this tense legal battle continues. It was Judge Paul Victor Niemeyer, Judge Steven Agee, and Judge Stephanie Thacker listening to oral arguments in the United States Court of Appeals located in Richmond, Virginia.

This appeal centers around NASCAR trying to overturn the preliminary injunction, which was granted to 23XI and FRM in December of 2024, allowing them to race as chartered teams without being held to the release (ability to sue NASCAR) in the 2025 Charter Agreement. They have called out the agreement for including these conditions, claiming they qualify as antitrust violations when grouped in with other factors.

It was NASCAR’s lead attorney, Christopher Yates, and the lead attorney for the teams, Jeffrey Kessler, taking turns arguing their case.

NASCAR takes the floor

Yates was up first, explaining how there is nothing stopping the teams from competing even if the injunction was reversed, which would strip 23XI and FRM of their court-won charters mid-season.

“They were offered a contract, they rejected the contract,” declared Yates. He continued, saying that there is “no contractual relationship between the parties. Yet, the district court’s injunction orders a contract, therefore upending the status quo.”

He also hit back at the assertion that NASCAR operates as an unlawful monopoly, citing how charter negotiations went on for well over two years. “Monopolists don’t negotiate for two and a half years,” he said. He pointed out that teams never raised an issue regarding the release (the ability to sue) until after rejecting the offer. And it was this release that the district court cited as a reason to grant the injunction, considering it to be exclusionary conduct. He went as far as to claim that the district court misunderstood the situation and failed to follow precedent when granting it.

The judges — primarily Judge Niemeyer — asked several clarifying questions of NASCAR during this time. Yates’ strongest point was as follows: You can’t ask to be bound to something you’re simultaneously contending violates the antitrust laws.” He also asserted that the only motivation here was that the teams wanted to get more money out of the sanctioning body.

NASCAR Commissioner  Steve Phelps

NASCAR Commissioner Steve Phelps

Photo by: Chris Graythen – Getty Images

Team attorney spars with judges

Kessler didn’t get far into his opening comments before Judge Niemeyer interjected, saying he failed to understand the point he was trying to make. “If you don’t want the contract, you don’t enter into it and you sue. Or if you want the contract, you enter into it, and you give up past releases. Our Omega (citing Costco v. Omega) observation is that you can’t have your cake and eat it too.” 

Kessler immediately pushed back and things got a little contentious, but remained professional. While trying to make a point about irreparable harm, Judge Niemeyer interrupted again. “Stay away from the harm. Stay away from all that. Go to the antitrust theory. That’s my biggest problem. It’s the likelihood of success.”

The judge also pointed out that the release that 23XI/FRM are taking issue with is mutual so teams can’t sue NASCAR, but NASCAR can’t sue the teams either. “Is the inclusion of mutual releases in a contract anti-competitive in the sense (that) a monopolist can’t include it in their contracts?”

Kessler replied: “If the release was used to help maintain the monopoly position–“

Judge Niemeyer instantly pushed back. “Then you don’t enter into it. But you don’t sit there and say ‘I want in’ under that contract but ‘I want it modified to allow me to bring my antitrust claim’ … it’s a very difficult antitrust theory you have.”

That point was repeated often, but the reason the teams are even in this position is because they are desperately trying to hold on to their charters while taking this issue to trial. It’s a difficult balancing act. 

Chase Elliott, Hendrick Motorsports Chevrolet, Austin Dillon, Richard Childress Racing Chevrolet, Bubba Wallace, 23XI Racing Toyota, Noah Gragson, Front Row Motorsports Ford

Chase Elliott, Hendrick Motorsports Chevrolet, Austin Dillon, Richard Childress Racing Chevrolet, Bubba Wallace, 23XI Racing Toyota, Noah Gragson, Front Row Motorsports Ford

Photo by: Sean Gardner / Getty Images

A fight without precedent

The court argued that this Charter Agreement appears to be more “anti-lawsuit, not anti-competitive.” They again said that if you want to preserve your lawsuit, then simply do not enter the contract.

Another discussion centered around the unprecedented nature of all this, which was pointed out by Judge Thacker. In 135 years since the Sherman Antitrust Act was introduced, there hasn’t really been any case like this. Kessler conceded that it has never been approached in this way, but he did bring up a case involving Mitsubishi where a release was utilized to protect antitrust behavior.

But the judges continued their questioning, trying to connect the release to anti-competitive behavior. At one point, the court asks: “What relief do you want for your racing team? You want to be racing in that series, right?”

Kessler replies, “We could have done that, your honor, under their terms already. That was not the object of this release.”

Judge Niemeyer then quips, “You want to be a policeman, is that it?”

Front Row Motorsports hauler

Front Row Motorsports hauler

Photo by: Chris Graythen – Getty Images

Kessler tried using an analogy of a monopolistic apple farmer who could harm apple consumers in the same way, aiming to simplify the argument. “The injury is that you’re getting too little,” said Kessler. “The relief that we want is to get damages for–“

But he was interrupted by the bench again. “They don’t sign the contract and sue, and get your relief. But the claim that you’re entitled to the contract without the release is really an Omega problem (you want to have your cake and eat it too).”

Kessler tried to make a case for irreparable harm, stating that “it is not economically viable to have to qualify each week.” According to Kessler, to run as open teams would be a massive financial hit, and could put their sponsor relationships and driver contracts in jeopardy. It could ultimately hurt their on-track performance as well while also losing out on the positive aspects of the Charter Agreement while their championship rivals still benefit from it.

What happens to SHR charters if the injunction is reversed?

Judge Agee tried to get things back on course, focusing on the issue at hand as the debate started drifting into the foundation of the lawsuit itself. “I can see that at trial and it will be a very interesting trial, yet to happen,” said Agee. “But the only thing we’re here on today is the preliminary injunction.”

Judge Niemeyer noted that the injunction is very narrow, only relying on the issue of the release and that the injunction has some “unappetizing things about it.” 

Kessler brought up the Omega case again, claiming it doesn’t apply because the teams aren’t trying to invalidate the entire Charter Agreement. But perhaps his most interesting point was the ripple effect that would occur if they suddenly lost their charters.

Cole Custer, Haas Factory Team

Cole Custer, Haas Factory Team

Photo by: Jared C. Tilton/Getty Images

Kessler claimed overturning this mid-season won’t just harm them, but third parties like Stewart-Haas Racing. SHR sold a charter to 23XI and another charter to FRM before shutting down. All that remains is a one-car effort by Gene Haas under the Haas Factory Team. Kessler pointed this out, saying that you cannot simply give SHR the charters back as the organization doesn’t exist anymore.

“[SHR] no longer has any operation to run a team. So, if we gave him the teams back, he has no drivers, he has no pit crew, he has nothing in the middle of the NASCAR season. It would cause havoc to overturn this injunction in the middle of the season,” said Kessler. “If it just stays in effect until November, (then) we’re done and then we have a trial and either we win or lose.”

NASCAR rebuttal 

Yates’ rebuttal denied that there were any anti-trust violations committed by NASCAR. He reiterated some earlier points about the fact that NASCAR isn’t preventing them from taking part in the racing series. However, he then focused on his own take regarding irreparable harm. 

“NASCAR and the teams are being hurt every day this injunction stays in place,” explained Yates. “NASCAR is being hurt because it’s forced into a contractual relationship with a counter-party that it doesn’t want to be in a long-term contractual relationship with. Other teams are being hurt, (because without) the injunction, other teams would have gotten more money. Other chartered teams would have gotten more money, they would have gotten a bigger part of the charter pie.”

Judge Agee asked a competition-focused question about open spots and how many are available each week. Most weeks beyond the Daytona 500 rarely see a full field and Yates argued that teams at the level of 23XI and FRM would have no problem qualifying on pace alone.

Nascar Cup Series signage

Nascar Cup Series signage

Photo by: Chris Graythen – Getty Images

“Two-thirds of the season is left,” said Yates. “We urge this court to act quickly because NASCAR and other teams are being hurt.” He then repeated the ‘have your cake and eat it too’ phrase that came up several times throughout the hearing.

He also agreed with the judges, as did Kessler earlier, in regards to the need for mediation. But Yates didn’t seem hopeful, claiming that this is all about the terms of the 2025 Charter Agreement and that NASCAR is unwilling to change it. “We’re not gonna rewrite the charter contract,” said Yates.

A decision has yet to be made regarding the legitimacy of the injunction, but the clock is ticking as the NASCAR season rolls on in the background. You can listen to the entire hearing HERE.

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AUTO RACING: Denny Hamlin earns 57th career win in Michigan and NASCAR heads to Mexico | Auto Racing

All Times Eastern NASCAR CUP SERIES Viva Mexico 250 Site: Mexico City. Track: Autodromo Hermanos Rodriguez. Race distance: 100 laps, 241 miles. Schedule: Friday, practice, 1:05 p.m., practice, 3 p.m.; Saturday, qualifying, noon; Sunday, race, 3 p.m. (Prime Video and MAX). Last year: Inaugural race. Last race: After passing Byron with three to go, Denny […]

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All Times Eastern

NASCAR CUP SERIES

Viva Mexico 250

Site: Mexico City.

Track: Autodromo Hermanos Rodriguez.

Race distance: 100 laps, 241 miles.

Schedule: Friday, practice, 1:05 p.m., practice, 3 p.m.; Saturday, qualifying, noon; Sunday, race, 3 p.m. (Prime Video and MAX).

Last year: Inaugural race.

Last race: After passing Byron with three to go, Denny Hamlin earned his third series victory alongside his 57th career win in Michigan.

Next race: June 22, Long Pond, Pennsylvania.

Online: http://www.nascar.com

NASCAR XFINITY SERIES

The Chilango 150

Site: Mexico City.

Track: Autodromo Hermanos Rodriguez.

Race distance: 65 laps, 157.3 miles.

Schedule: Friday, practice, 2:05 p.m., practice, 3:30 p.m.; Saturday, qualifying, 10:30 a.m., race, 4:30 p.m. (CW).

Last year: The previous race, which was held in 2008 and named the Corona Mexico 200, saw Kyle Busch earn the victory after passing Scott Pruett with 7 laps to go.

Last race: Justin Allgaier took the his third series win of the season in Nashville while holding off a late surge from rookie teammate Connor Zilisch.

Next race: June 21, Long Pond, Pennsylvania.

Online: http://www.nascar.com

NASCAR CRAFTSMAN TRUCK SERIES

Last race: Stewart Friesen held off Enfinger late to secure the victory in Michigan, breaking a 72-race losing streak and grabbing his first win since 2022.

Next race: June 20, Long Pond, Pennsylvania.

Online: http://www.nascar.com

FORMULA ONE

Pirelli Grand Prix du Canada

Site: Montreal.

Track: Circuit Gilles-Villeneuve.

Race distance: 70 laps, 189.6 miles.

Schedule: Friday, practice, 1:25 p.m., practice, 4:55 p.m.; Saturday, practice, 12:25 p.m., qualifying, 3:55 p.m.; Sunday, race, 2 p.m. (ABC).

Last year: Verstappen secured his 60th career win, taking the lead after a restart in a thrilling race that saw rain showers and a string of safety car appearances.

Last race: Oscar Piastri secured the victory and held off teammate Lando Norris in Spain to take back momentum after Norris’s previous win at Monaco.

Next race: June 29, Spielberg, Austria.

Online: http://www.formula1.com

INDYCAR

Bommarito Automotive Grand Prix

Site: Madison, Illinois.

Track: Worldwide Technology Raceway.

Race distance: 260 laps, 310.6 miles.

Schedule: Saturday, practice, 11:30 a.m., qualifying, 3 p.m. high line & final practice, 5:30 p.m.; Sunday, race, 8 p.m. (FOX).

Last year: Josef Newgarden took his fifth win out of nine visits to the Madison track, holding off teammate McLaughlin after a late restart with six laps to go.

Last race: Kyle Kirkwood surged ahead on a late restart in Detroit to take his second win of the season.

Next race: June 22, Elkhart, Wisconsin.

Online: http://www.indycar.com

NHRA DRAG RACING

Next race: June 22, North Dinwiddie, Virginia.

Online: http://www.nhra.com

WORLD OF OUTLAWS

Premier Chevy Dealers Clash – Night 1

Site: Knoxville, Iowa.

Track: Knoxville Raceway.

Premier Chevy Dealers Clash – Night 2

Site: Knoxville, Iowa.

Track: Knoxville Raceway.

Next events: June 18-23, Brandon, South Dakota, Pevely, Missouri, Independence, Iowa.

Online: http://worldofoutlaws.com

_____

AP auto racing: https://apnews.com/apf-AutoRacing



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Dale Earnhardt Jr. pays tribute to former NASCAR crew chief, team owner Travis Carter

Former championship-winning crew chief Travis Carter has died at age 75, leaving the NASCAR world in mourning. He was a staple in the sport for multiple decades, serving in various capacities over the years. Following his death, Dale Earnhardt Jr. weighed in on social media. He wrote on Twitter: “Sad news. Travis added a lot […]

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Former championship-winning crew chief Travis Carter has died at age 75, leaving the NASCAR world in mourning. He was a staple in the sport for multiple decades, serving in various capacities over the years.

Following his death, Dale Earnhardt Jr. weighed in on social media. He wrote on Twitter:

“Sad news. Travis added a lot to NASCAR,” Earnhardt wrote. “It was really nice to get to talk with him in recent months. I’m in awe of the men like him that shaped the NASCAR I grew up in.”

Carter, who was born in 1949, was previously a car owner and crew chief in the NASCAR Winston Cup Series. He won championships with multiple drivers there, first with Benny Parsons in 1973 and then with Cale Yarborough in 1978. Notably, he split crew chief duties with Tim Brewer during the 1978 title run.

Additionally, he owned Travis Carter Motorsports from 1970 to 2003. He’s also the father of NASCAR driver Matt Carter.

But Carter’s legacy touched many. Dozens in the sport reached out following his death, including Earnhardt and other drivers.

“Just heard about Travis Carter passing away,” wrote Brian Keselowski on Twitter. “If you didn’t know him, you missed out on a great guy. When we first moved to NC in 2010 we rented a shop from him. He was so happy for us when we made Daytona in 2011, I’ll never forget it. Rest easy my friend.”

ESPN personality Ryan McGee, who has covered NASCAR at various points, also weighed in on Carter’s death. The two were fond of each other.

“Godspeed Travis Carter. He used to greet me with ‘Hey, Cousin McGee’ because I was from Rockingham, NC and he was from Ellerbe, NC and ‘that’s close enough,’” McGee wrote. “What a NASCAR legend and what a damn nice guy.”



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Travis Carter, longtime NASCAR team owner, dies at 75

RICHMOND COUNTY, N.C. — Travis Carter, a longtime NASCAR team owner and championship-winning crew chief, died on Tuesday, according to various racing personalities. He was 75. Carter was a native of Ellerbe, North Carolina, in Richmond County, a short drive from Rockingham Speedway. He owned Travis Carter Enterprises, a team that competed from 1990 to […]

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RICHMOND COUNTY, N.C. — Travis Carter, a longtime NASCAR team owner and championship-winning crew chief, died on Tuesday, according to various racing personalities. He was 75.

Carter was a native of Ellerbe, North Carolina, in Richmond County, a short drive from Rockingham Speedway. He owned Travis Carter Enterprises, a team that competed from 1990 to 2004 and was based in Statesville.

As the crew chief for Benny Parsons, he won the 1973 NASCAR Cup Series championship. It was the lone title for Parsons, a NASCAR Hall of Fame inductee.

Carter won 11 races as the crew chief for Parsons and Harry Gant, most notably the 1975 Daytona 500 with Parsons and the 1984 Southern 500 with Gant.

In 1990, Carter left the pit box to start up his own team. Carter Enterprises never won a race but was a mainstay on the NASCAR scene in the 1990s and early 2000s. Jimmy Spencer, Todd Bodine, and Joe Nemechek were some of the most notable drivers to race for Carter. Darrell Waltrip’s final two seasons were behind the wheel of Carter’s No. 66 K-Mart Ford in 1999 and 2000.

Carter left the Cup Series in 2004 and made a brief return in 2007 before dipping out for good.

Several NASCAR personalities offered their condolences and memories on social media.

“Travis added a lot to NASCAR,” Dale Earnhardt Jr. said on X. “It was really nice to get to talk with him in recent months. I’m in awe of the men like him that shaped the NASCAR I grew up in.”

“He is one of the reasons I exist as a NASCAR team owner,” Carl Long, owner of MBM Motorsports, said. “If it was not for Travis Carter, I am not sure how my path would have developed. I will always be grateful for his assistance.”

Ryan McGee, a NASCAR reporter for ESPN, noted that Carter would call him “Cousin McGee” for being from Rockingham, which is about nine miles from Ellerbe.



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Jordan Heir “Motorsports” Channels A Need for Speed

The Jordan Heir “Motorsports” taps into a long-standing tradition of MJ’s love for speed and style. This colorway blends performance-ready construction with a visual edge, making it one of the flashier looks from the new silhouette. While the Jordan Heir is still a fresh addition to the lineup, it’s clearly rooted in the legacy of […]

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The Jordan Heir “Motorsports” taps into a long-standing tradition of MJ’s love for speed and style. This colorway blends performance-ready construction with a visual edge, making it one of the flashier looks from the new silhouette.

While the Jordan Heir is still a fresh addition to the lineup, it’s clearly rooted in the legacy of innovation that defines the brand. Jordan Brand has always pushed boundaries, and the Heir carries that energy forward.

It’s not a retro, it’s a new lane. Inspired by the futuristic design language of early 2000s performance models, this sneaker bridges the gap between court-ready function and lifestyle versatility. The “Motorsports” name isn’t just for show either.

MJ’s passion for motorsports dates back to his post-retirement days, and the color blocking on this pair echoes some of the team gear from that era. It’s sleek, aggressive, and built like something meant to move.

Official images show off the white base with black and varsity royal overlays, plus a mix of materials and sculpted lines that give the shoe serious presence. Whether or not you’re burning rubber, this one’s all gas, no brakes.

Jordan Heir “Motorsports”

jordan-heir-motorsports-sneaker-news

Image via Nike

The Jordan Heir “Motorsports” features a white synthetic base with breathable mesh zones and bold black leather overlays. Further, a translucent varsity royal cage wraps around the midfoot for structure and contrast.

Black laces and a knit tongue add texture, while the blue pull tab and Jumpman logos complete the look. Also, a rubber outsole in varsity royal rounds out the design with aggressive tread. The foam midsole offers comfort without extra bulk.

This modern silhouette leans into dynamic lines, mixed materials, and color blocking that gives it an unmistakable motorsport vibe.

Jordan Heir “Motorsports” Release Date

Sneaker Bar Detroit reports that the Jordan Heir “Motorsports” will be released in the summer of 2025. Also, these sneakers will have a retail price of $110 when they are released.

jordan-heir-motorsports-sneaker-news

Image via Nike

jordan-heir-motorsports-sneaker-news

Image via Nike



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Elite Motorsports’ Richard Freeman Reacts to Points Deduction, $5,000 Fine from NHRA Following Disqualified Run in Bristol: “Ridiculous”

Just days after showing signs of a resurgence at the NHRA New England Nationals in Epping, six-time Pro Stock world champion Erica Enders finds herself at the center of a brewing controversy in Bristol. On Tuesday, NHRA officials announced a 100-point deduction and a $5,000 fine for Enders and her Elite Motorsports team following a […]

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Just days after showing signs of a resurgence at the NHRA New England Nationals in Epping, six-time Pro Stock world champion Erica Enders finds herself at the center of a brewing controversy in Bristol.

On Tuesday, NHRA officials announced a 100-point deduction and a $5,000 fine for Enders and her Elite Motorsports team following a disqualified qualifying run during the fourth session at the Super Grip NHRA Thunder Valley Nationals. The penalty stems from the use of rear wheels that allegedly did not meet NHRA’s approved specifications for Pro Stock competition.

Team owner Richard Freeman didn’t hold back in his response to the sanctioning body.

“It’s absolutely ridiculous,” Freeman told Drag Illustrated. “We spoke with Rick [Dodge, NHRA tech official] the week prior in Epping and asked him about that wheel and his opinion. He checked the rule book—as he did Saturday in Bristol. The wheel is a beadlock, the proper width, and exceeds the SFI specification. We would love an explanation how that warrants a 100-point deduction and $5,000 fine. Whomever made that decision is clearly delusional.”

Freeman also raised concerns over consistency and transparency in the rule enforcement process.

“The rule book does not say a liner is illegal. It is legal in Pro Mod, legal in Alcohol. And it is not a performance advantage—it’s a disadvantage due to the weight.”

The penalty announcement comes as a gut punch for Enders, who was hoping to build on the momentum of a runner-up finish to rival Greg Anderson in Epping just a week ago. Enders, who has 49 national event wins and is the winningest female driver in motorsports history, had expressed confidence that her Johnson’s Horsepowered Garage / Melling Performance / Scag Power Equipment Camaro was finally trending in the right direction.

“We made some substantial changes and spent a lot of time on the dyno,” Enders said in a pre-race statement. “Pro Stock is not for the weak. It’s competitive problem-solving and we take a lot of pride in how well we work together. We may be down now, but they will not keep us down forever.”

Enders currently sits ninth in points and had entered the Bristol weekend optimistic about gaining ground in both qualifying and the Mission #2Fast2Tasty Challenge, where she was slated to face teammate Aaron Stanfield in a highly anticipated rematch.

Instead, the focus now shifts to whether Elite Motorsports will appeal the penalty—a right they retain per NHRA’s official statement. NHRA also confirmed that proceeds from the fine will be used to enhance the Safety Safari’s operational capabilities.

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As the season nears its midpoint, the incident adds more tension to what has already been a turbulent year for one of drag racing’s most dominant dynasties.

This story was originally published on June 10, 2025. Drag IllustratedDrag Illustrated





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2026 Formula One Race Schedule Released – SportsTravel

A new Madring street circuit in Madrid will debut on the Formula 1 schedule in September 2026, replacing the Emilia-Romagna Grand Prix at Imola in Italy. Spain gets two races in 2026 as Barcelona stays on the calendar for the final year of its contract before Madrid’s race on September 13. F1 has said Madrid’s […]

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A new Madring street circuit in Madrid will debut on the Formula 1 schedule in September 2026, replacing the Emilia-Romagna Grand Prix at Imola in Italy.

Spain gets two races in 2026 as Barcelona stays on the calendar for the final year of its contract before Madrid’s race on September 13. F1 has said Madrid’s race will be known as the Spanish Grand Prix; the schedule doesn’t specify a new name for Barcelona’s race, which has been known as the Spanish Grand Prix since 1991.

Spain’s second race means Italy drops back to having one grand prix as Imola leaves the schedule. The historic track returned to the schedule in 2020 as a late addition amid the pandemic and has hosted five races since.

“It promises to be an unforgettable season, where once again we will come together at 24 amazing global venues to watch the best drivers in the world push themselves to the limit and produce incredible wheel to wheel racing for our millions of fans watching around the globe,” said Stefano Domenicali, Formula 1’s president and chief executive officer.

The Australian Grand Prix on March 8 starts the season for the second year running because the races in Bahrain and Saudi Arabia again move to April to avoid clashing with the Muslim holy month of Ramadan. The season stays at 24 races and concludes with the Abu Dhabi Grand Prix from Dec. 4-6.

As part of a push to limit intercontinental travel, the Canadian Grand Prix moves forward from June to May 24 so that it follows the Miami Grand Prix, a potential clash with the Indianapolis 500.

Moving Canada in 2026 creates a consolidated European leg of the season across the summer months, beginning in Monaco from June 5-7 and finishing in Madrid. The championship then returns to Asia with the Azerbaijan and Singapore Grands Prix, ahead of a triple header in the Americas highlighted by Austin on October 25, before Las Vegas on November 21, Qatar and Abu Dhabi close out the season.



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