Michael Jordan's NASCAR team warned by federal judge over antitrust lawsuit
Mchael Jordan's 23XI Racing has received a brutal warning from a federal judge over their ongoing antitrust lawsuit with NASCAR
A federal judge has warned Michael Jordan's 23XI Racing and Front Row Motorsports to solve their ongoing antitrust dispute with NASCAR. The two teams went to legal war with the governing body after refusing to sign up to NASCAR's new charter agreement last year.
23XI and FRM won a battle with NASCAR, gaining an injunction that allowed them to keep their respective charters and compete in the 2025 season. However, a three-judge panel ruled to vacate the preliminary injunction granted 23XI and FRM to run as chartered teams.
According to AP News, North Carolina's Western District Judge, Kenneth Bell, expects no party to be a clear winner in this legal fight and has urged for a permanent solution to be found.
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"It's hard to picture a winner if this goes to the mat — or the flag — in this case," Bell said. "It scares me to death to think about what all this is costing."
The judge's concern stemmed from a two-hour hearing during which both sides engaged in intense arguments. The hearing occurred at the request of the two Cup teams, seeking to eliminate NASCAR's countersuit that accused Curtis Polk, a business manager of NBA legend Jordan, of "willful" antitrust violations.
Jeffrey Kessler, the two teams' attorney, argued that Polk did not engage in any illegal acts during the process. "The attacks [on Polk] are false, unfounded, and frankly beneath the dignity of my adversary even to make those types of comments, which he should know better about," he said.
NASCAR is continuing to hold a "non-negotiable" stance, and the teams' legal figurehead, Kessler, will file an appeal over the weekend. In response to the three-judge panel's decision to vacate the injunction, Kessler and Co. were given until Thursday this week to file an appeal.
"Unfortunately, I don't think the three judges, if you read their opinion, actually dealt with the hard issues and that's what the circuit will need to do," Kessler said in response to a question from NBC Sports.
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"For example, under their decision, Google could go to all of their customers and say if you want to be on my app store, you have to waive your antitrust rights so we never get a Google case. Apple could do the same.
"These types of forced releases by someone who is adjudicated to be a monopoly in some respect … we think they're anti-competitive. We think if the whole Fourth Circuit looks at that — it's hard to get a rehearing, may not get a rehearing — but we think it should have a rehearing."
