The high-stakes federal antitrust trial against NASCAR entered its second week Monday with a pace so cold and “glacial” that it has exhausted the patience of the bench and delayed the arrival of the sport’s most powerful figures to the witness stand.
The suit, brought by Michael Jordan’s 23XI Racing and Bob Jenkins’ Front Row Motorsports, alleges the France family has operated NASCAR as a “monopolistic dictatorship.” But the drama Monday was as much about administrative friction as it was about sports equity.
U.S. District Judge Kenneth Bell opened court in the Western District of North Carolina under a cloud of frustration, citing a “slew of motions” filed over the weekend that forced a delayed start. Bell noted his particular irritation with receiving legal objections at 2:55 a.m. and 6:50 a.m. Monday morning.
“Speed it up,” has become Bell’s recurring directive to both legal teams as the case, originally expected to move swiftly, looks certain to drift into a third week.
Testimony on Monday centered on the breaking point of the 2024 charter negotiations. Jonathan Marshall, executive director of the Race Team Alliance, detailed the moment the industry’s “Big Three” – Joe Gibbs, Rick Hendrick and Roger Penske – succumbed to NASCAR’s terms.
Marshall testified that while a first draft of the charter agreement was presented just a week before the final deadline, the top owners signaled they would sign despite outstanding grievances.
“There was a lot of discussion that these three men had been speaking to Jim France, trying to get accommodations on issues and it was clear it wasn’t going to happen,” Marshall said.
According to Marshall, the long-standing personal ties between the Frances and owners like Hendrick and Penske – spanning over 50 years – created a domino effect. Once the power brokers folded, the remaining teams felt they had lost all leverage.
The trial has become a “clash of titans”; the legacy of the France family, which founded NASCAR in 1948, against the global brand and competitive fire of Michael Jordan.
Jordan, who testified Friday, has positioned himself as the only owner with the financial insulation and lack of historical “brow-beating” necessary to challenge the status quo. While 23XI Racing has been profitable, Jordan attributed that success to his personal ability to attract sponsors, not the NASCAR business model.
In contrast, Front Row owner Bob Jenkins testified to the financial strain of the current system, claiming he has never turned a profit in two decades of racing, with cumulative losses estimated between $70 million and $100 million.
The trial’s discovery phase has already pulled back the curtain on the animosity behind closed doors. Lead plaintiff attorney Jeffrey Kessler highlighted derogatory text messages from NASCAR Commissioner Steve Phelps, in which Phelps referred to Hall of Fame owner Richard Childress as a “redneck” who “needs to be taken out back and flogged.”
Childress is expected to take the stand later this week, followed by the man at the center of the storm: NASCAR Chairman Jim France.
As the plaintiffs continue their case, NASCAR’s defense remains days away. The witness list includes Hendrick and Penske, though scheduling has already become a point of contention.
Penske, who also owns the Indianapolis Motor Speedway and the IndyCar Series, attempted to limit his availability to Monday only. The plaintiffs successfully objected to Penske being called out of order. Judge Bell sided with the teams, telling NASCAR to coordinate a more flexible appearance for the racing magnate.
NASCAR maintains that the 2024 charter agreement offered improved revenue streams over the 2016 model and remains committed to its position that its business practices are designed for the overall growth of the sport.
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