Front Row Motorsports say NASCAR rejected charter purchase after lawsuit was filed UPDATES
Yesterday at 03:12 AM
UPDATE 2 – 12-17-2024: 23XI Racing and Front Row Motorsports filed additional briefs on Monday afternoon and reiterated their position that the suit should proceed.
23XI/FRM briefs today reiterate previous arguments. For the judge to dismiss case, he must consider facts the teams present as true & determine there is simply no violation of law. If judge doesn't dismiss case, then discovery (depositions, access to documents/financials) begins. https://t.co/lci6DjnWSp
— Bob Pockrass (@bobpockrass) December 16, 2024
And basic NASCAR response is elite stock-car racing is too narrow a definition of a market in determining antitrust, that the market incl at the very least other racing series/motorsports. And just b/c 23XI/FRM disliked charter terms, NASCAR can't be forced to do business w/them. https://t.co/ZjRIAVbfZe
— Bob Pockrass (@bobpockrass) December 16, 2024
UPDATE – 12-13-2024: In a court filing on Friday, NASCAR stated that Front Row Motorsports said on September 12 that they intended to sign the charter agreement but needed additional time. Less than a month later, Front Row filed the joint lawsuit with 23XI Racing, alleging that the charter is anticompetitive.
NASCAR filing this afternoon on Front Row and the teams‘ request to transfer a charter from SHR: https://t.co/2g3mdj3pvhpic.twitter.com/oLwWDbmB4S
— Bob Pockrass (@bobpockrass) December 13, 2024
ORIGINAL POST: Front Row Motorsports, one of two teams suing NASCAR in federal court, accused the stock car series Thursday of rejecting the planned purchase of a valuable charter unless the lawsuit was dropped.
Front Row made the claim in a court filing and said it involved its proposed purchase of the charter from Stewart-Haas Racing. Front Row said the series would only approve it if Front Row and 23XI Racing dropped their court case.
"Specifically, NASCAR informed us that it would not approve the (charter) transfer unless we agreed to drop our current antitrust lawsuit against them," Jerry Freeze, general manager of Front Row, said in an affidavit filed in the U.S. District Court of Western North Carolina.
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Earlier this week, the suit was transferred to a different judge than the one who heard the first round of arguments and ruled against the two teams in their request for a temporary injunction to be recognized in 2025 as chartered teams as the case proceeds.
The latest filing is heavily redacted as it lays out alleged retaliatory actions by NASCAR the teams say have caused irreparable harm.
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"NASCAR informed us on December 5, 2024, that it objected to the transfer and would not approve it, in contrast to the previous oral approval for the transfer confirmed by Phelps before we filed the lawsuit," Freeze said. "NASCAR made it clear that the reason it was now changing course and objecting to the transfer is because NASCAR is insisting that we drop the lawsuit and antitrust claims against it as a condition of being approved."
A second affidavit from Steve Lauletta, the president of 23XI Racing, claims NASCAR accused 23XI and Front Row of manufacturing "new circumstances" in a renewed motion for an injunction and of a "coordinated effort behind the scenes."
"This is completely false," Lauletta said.
— Associated Press —