CHARLOTTE, N.C. (AP) — The two teams suing NASCAR asked a judge for a preliminary injunction Wednesday so they can compete next season under the charter...
asked a judge for a preliminary injunction Wednesday so they can compete next season under the charter system they are challenging as their antitrust case moves through federal court .
23XI and Front Row have hired Jeffrey Kessler, a top antitrust attorney who has represented the players in all four major professional North American sports. Kessler told The Associated Press that the two teams would sign the 2025 agreements if they receive a court order that would release them from a clause that prohibits teams from suing NASCAR.
Polk, who is Jordan's longtime right-hand man and part of the 23XI ownership group, told AP he hoped Wednesday's filing “highlights for Cup teams, their drivers, employees, sponsors and fans how restrictive is the economic system that we operate under.” “It appears after 2+ years of negotiations with teams, both collectively and individually, compromise and concession on both sides up until the last minute, we firmly believe that we have come up with a document that is fair and equitable to the industry," Phelps wrote to Jordan and Hamlin. "You suggest that NASCAR somehow has ‘monopoly power’ and that 23XI and other teams ‘depend on for a competitive opportunity’ and have been presented with a ‘take-it-or-leave-it offer.
The latest filing asks for immediate access to documents and files from six NASCAR executives, three of whom are members of the series-owning France family. NASCAR was founded in 1948 by the late Bill France Sr. and is currently run by his son, Jim, while his granddaughter Lesa France Kennedy, and great-grandson, Ben Kennedy, have senior executive roles.
“NASCAR’s dominant control over racing is not because of its superior skill or business acumen, but rather its history of exclusionary acts and restrictive agreements that have stifled competition through its monopoly power," Kessler said.
NASCAR Jeffrey Kessler Front Row Denny Hamlin Preliminary Injunction Jim France Michael Jordan Bob Jenkins Federal Court
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