Could the Antitrust Lawsuit Be the Ultimate Demise of NASCAR?

The roar of engines has faded at Phoenix Raceway, where Kyle Larson clinched the 2025 NASCAR Cup Series championship on November 2 with a third-place finish in the finale. For fans, the confetti has settled, and the offseason beckons with rumors of driver swaps and car tweaks. But in a federal courtroom just miles from the sport’s epicenter, the real high-stakes drama revs up Monday, December 1.

–by Mark Cipolloni–

That’s when a jury trial in the explosive antitrust lawsuit—23XI Racing and Front Row Motorsports v. NASCAR—begins, pitting Michael Jordan’s rebel team against the France family’s 77-year dynasty. With the season over and no more races to distract, this bench-marked battle could expose NASCAR’s vulnerabilities like never before, potentially dismantling its monopoly or dooming it to irrelevance.

The Offseason Bombshell: From Track Dust to Courtroom Dust-Up

The 2025 Cup Series wrapped its 38-race slate earlier this month, a milestone year under the new $7.7 billion media rights deal and revamped charter system that 13 teams signed onto. Larson’s title—his second in three years—crowned a playoff featuring Denny Hamlin, Chase Briscoe, and William Byron, but the real subplot was the simmering feud. 23XI (co-owned by Jordan, Hamlin, and Curtis Polk) and Front Row Motorsports (led by Bob Jenkins) raced as open entries without charter perks, a precarious limbo after the Fourth Circuit Court vacated their preliminary injunction in June. Now, with the checkered flag behind them, the plaintiffs’ grievances take center stage: NASCAR’s stranglehold on tracks, media rights, supplier deals, and governance, all allegedly funneled to enrich the France family at teams’ expense.

Michael Jordan and Business Manager Curtis Polk (R)

Filed October 2, 2024, the suit invokes Sections 1 and 2 of the Sherman Antitrust Act, accusing NASCAR of anticompetitive tactics that stifle innovation and equity. U.S. District Judge Kenneth D. Bell, presiding over the 10-day trial, has already handed plaintiffs key wins: In November, he affirmed NASCAR’s 100% market share in “premier stock car racing,” shifting the burden to the sanctioning body to prove it hasn’t abused that power. Jury selection kicks off Monday, followed by opening statements, with heavy hitters like Jordan, Hamlin, Rick Hendrick, and Roger Penske slated to testify.

Leaked Texts and Scorched Earth: The Human Side of a Corporate Crash

Discovery has been a demolition derby of its own. Unsealed filings from late November revealed scorching texts from NASCAR execs, including Commissioner Steve Phelps allegedly calling Richard Childress a “stupid redneck who owes his entire fortune to NASCAR” and suggesting he be “taken out back and flogged.” Earlier leaks showed President Steve O’Donnell venting: “F— the teams, dictatorship, motorsport, redneck, southern, tiny sport.” Childress, owner of a six-time championship team, decried the remarks as “deeply disappointing” and left the door open for his own suit.

Steve Phelps & Steve O'Donnell, State of The Sport Press Conference - 10.31.25 — Steve Phelps & Steve O’Donnell, State of The Sport Press Conference – 10.31.25

These aren’t just tabloid fodder; they’re jury poison. As one X user mused amid the leaks, “Does Michael Jordan have an official ask or just want NASCAR to be taken apart by Judge Bell if the jury agrees?” Insiders like Kenny Wallace have called NASCAR “wounded,” with sponsors jittery and alliances frayed. Hamlin, fresh off a playoff run, fired up fans on X: “Continuous lies… It’s time for the truth. It’s time for change.” Procedural filings, including draft jury instructions, underscore the gravity—forms that will guide 12 everyday folks through economic esoterica on market power and damages.

NASCAR’s defense, led by powerhouse attorney Christopher Yates (who just notched a win in a similar MLS case), counters that payouts have ballooned 62% since 2016, creating $1.5 billion in team equity. Exclusivity clauses? Standard fare in sports, they argue, fostering loyalty and marketing muscle. But with Bell’s rulings tilting the track, the sanctioning body faces an uphill battle to convince jurors it’s no monopolist—just a bootstrapped success story from 1948.

Verdict Visions: Breakup, Boom, or Bust?

A plaintiffs’ win could trigger remedies straight out of antitrust nightmares: Forced divestiture of tracks (NASCAR owns or controls 17 of 36 Cup venues), permanent charters as true franchises, or scrapping single-supplier models like the Next Gen car. Jordan’s narrowed claims focus on structural fixes, not just cash—potentially unlocking billions for teams but risking chaos. Hendrick warned in deposition: Charter loss would be an “existential threat,” torching jobs and stability.

NASCAR victory? The suit crumbles, charters remain fluid, and the France era endures. But even then, the scars linger: Eroded trust, sponsor flight (ratings dipped 5% this year), and whispers of a rival series. Appeals loom large—potentially to the Fourth Circuit or Supreme Court—dragging resolution into 2027, mirroring the NCAA’s NIL saga.

X buzz reflects the divide: Optimists see democratization; doomsayers, a “house burning down.” As Judge Bell quipped in June, he’s the “fire marshal” ready for December fallout.

The Checkered Flag Approaches: A Sport’s Survival on Trial

With 2025’s dust barely settled, this jury—tasked with sifting texts, testimonies, and terabytes of data—holds NASCAR’s throttle. A France win buys time; a Jordan upset could spawn a leaner, fairer series or scatter it to the wind. Settlement whispers persist post-Thanksgiving, but Phelps’ October plea (“We are trying our hardest”) fell flat. As one pundit noted, “The potential ramifications… could be ruinous for all involved.”

Monday’s gavel drop isn’t just legal theater—it’s a pivot point. Will NASCAR emerge streamlined, or skid into the wall? In stock car racing’s unforgiving garage, the answer could redefine who crosses the line first. Fans, buckle up: The green flag waves at dawn.