Mediation next step for NASCAR antitrust lawsuit

Before NASCAR, 23XI Racing and Front Row Motorsports go to trial to adjudicate the antitrust lawsuit filed against NASCAR by the racing teams, the three parties are going to try mediation using the same man -- U.S. District Judge Kenneth D. Bell -- assigned to the December trial.

Bell will oversee mediation proceedings that begin Tuesday morning in Charlotte, N.C.'s federal courthouse, according to reports.

At issue are NASCAR's charter agreements created in 2016 and updated prior to the 2025 season.

The owners of the 23XI Racing team (led by basketball legend Michael Jordan and NASCAR driver Denny Hamlin) and the owner of Front Row Motorsports (Robert "Bob" Jenkins) refused to sign the 2025 charter and, instead, sued NASCAR and the France family for anti-competitive practices that include the implementation of the charter system.

NASCAR charters are somewhat akin to an NBA, NFL or NBA franchise. Having one of NASCAR's 36 charters gives a team license to run in every race, but charters are not nearly as valuable as franchises in other sports.

When 23XI Racing and Front Row Motorsports filed their antitrust lawsuit in Oct. 2024, Jenkins offered this statement:

"I have been part of this racing community for 20 years and couldn't be more proud of the Front Row Motorsports team and our success. But the time has come for change. We need a more competitive and fair system where teams, drivers, and sponsors can be rewarded for our collective investment by building long-term enterprise value, just like every other successful professional sports league."

Both sides also will take part in a summary judgment hearing on Thursday. Depending on how arguments go this week, the parties might not find a path toward settling their differences before the Dec. 1 trial begins.