Live Updates from NASCAR, 23XI, FRM Antitrust Lawsuit

It’s finally that time. December 1.

After a 14-month period that has been filled with procedural legal drama, hundreds of different filings, and some heated back-and-forth exchanges, NASCAR, 23XI Racing, and Front Row Motorsports are going to have their day(s) in court, as they fight out an antitrust lawsuit brought against the sanctioning body.

The outcome of this intense legal battle, which is scheduled to take place over 10 in-court days throughout the next two weeks, could end up having major ramifications on the sport as we currently know it. However, until it plays out, nobody really knows what those changes will be.

PRE-TRIAL RUNDOWN: NASCAR, Two Teams Preparing for Antitrust Trial Beginning Monday

The majority of NASCAR’s media members are on-site in Charlotte, North Carolina, to watch and stand witness to how this explosive legal case unfolds, and with no electronic devices allowed in the courtroom, updates will only come during breaks in court.

Throughout the entire two-week trial, TobyChristie.com will be providing live updates from all of the happenings in the courtroom as they become available, courtesy of reports from reputable journalists on-site, including our own Toby Christie. So, check back often for additional updates.

Monday, December 1

NASCAR, Race Teams Present Opening Statements

4:15 p.m. ET: Both sides of the antitrust lawsuit brought against NASCAR were allowed to present their opening statements on Monday afternoon.

23XI Racing and Front Row Motorsports asserted in their statements that any evidence they hold will prove that NASCAR engaged in anti-competitive behaviour when negotiating for the latest iteration of the Charter Agreement.

On the other hand, NASCAR says the teams only brought up the antitrust charges after the talks had concluded, and that the actions of both teams show that they’ve benefited from the Charter Agreement.

Judge Bell told jurors to keep an open mind in these proceedings, as despite opening remarks that have lasted more than two hours, there hasn’t been a single piece of evidence shown yet. The court took a small break around 4:00 pm ET, and will resume for another hour before finishing up for the day.

Hamlin, Polk Barred From Courtroom Until After Testimony

12:40 p.m. ET: Judge Kenneth Bell has ruled that Denny Hamlin and Curtis Polk, both of whom are co-owners of 23XI Racing with Michael Jordan, will be barred from being in the courtroom until their testimonies are heard.

The judge confirms that his decision was made “very reluctantly” and that he really wishes Hamlin and Polk could be present, but because NASCAR invoked a rule about having a single corporate representative per side (which in this case, is already Michael Jordan), Bell says he doesn’t want to trigger any kind of technicality that would throw this case sideways in the event it is appealed.

Hamlin and Polk are permitted to be in the courtroom for the team’s opening statements on Monday, but will then be required to leave until their testimony is concluded, the date of which has yet to be confirmed.

Judge Bell Upset Over Opening Statements; Bans Presentation of Exhibits

11:45 a.m. ET: Judge Kenneth Bell isn’t pleased with either side of this antitrust case already, and it’s only been a couple of hours. When reviewing opening statements on Monday, Bell found both sides to be using impermissible arguments, and as a result, has barred the presentation of exhibits during their statements.

Bell was quoted as saying, “If we can be less confrontational about it next time, maybe you’ll get to do what you want to do.”

Jury Selected for NASCAR, 23XI/FRM Antitrust Case

11:25 a.m. ET: The first step of this antitrust case brought against NASCAR by 23XI Racing and Front Row Motorsports was to select jurors, which was done first thing on Monday (December 1). The selection included six jurors and three backups.

According to Matt Weaver of Motorsport, the candidate pool was asked (among other questions, of course) whether they were familiar with Michael Jordan and had any strong opinions about him, one way or the other. Jordan, an NBA superstar, is a major part of this case as the primary owner of 23XI Racing.

One candidate did, in fact, have strong feelings about Michael Jordan, and upon making his way out of the door, made a fist pump gesture at the NASCAR team owner, which garnered a chuckle from everybody involved.

Candidates were also dismissed for a variety of reasons, including working at Hendrick Automotive Group and knowing a great deal about NASCAR and the parties involved. One potential juror was dismissed because he couldn’t hear Judge Bell and needed to get his hearing aid fixed.

Johnny Stephenson of Alston & Bird is now the arguing attorney for NASCAR.

Potential Witness List Revealed for NASCAR Antitrust Trial

Per Matt Weaver of Motorsport, the following people are on the potential witness list:

• Jim France
• Timothy Frost
• Heather Gibbs
• Denny Hamlin
• Brian Herbst
• Bob Jenkins
• Lesa France Kennedy
• Michael Jordan
• Jonathan Marshall
• Steve Newmark
• Steve O’Donnell
• Steve Phelps
• Curtis Polk
• Scott Prime
• Daniel Rascher
• Anthony Smith
• Edward Snyder
• Jordan Bazant
• Tim Clark
• Rick Hendrick
• Ron Drager
• Jerry Freeze
• Rob Kauffman
• Ben Kennedy
• Steve Lauletta
• Gene Mason
• Gene Mato
• Roger Penske
• John Probst
• Cal Wells III
• Edwin Desser
• Kevin Murphy