Going up against the might of NASCAR isn’t that easy. Although both 23XI Racing and FRM secured the preliminary injunction for their race cars, they are having a hard time trying to find support in their cause against the sanctioning body. What the two teams wanted to do was basically compare the revenue splits between the series and the teams. This, in turn, would help build their cases against NASCAR, which they feel is monopolistic and has total control over the economic functioning of the sport.
Originally, the teams had sent out this request to Liberty Media to collaborate with them in sharing fine details about the Concorde agreement. And, they did the same with the likes of the NFL, NBA and NHL. F1 was the first one to distance itself from this legal tussle, and it didn’t take long for others to follow suit. The NFL has now shared its reasoning for not being legally obligated to cooperate with subpoenas filed by the two teams.
“To be clear, there is no legitimate basis for any assertion that the information sought has any direct connection to the substantive dispute between the parties. … Put simply, not only does the Subpoena seek the NFL’s most confidential information, it would put that information into the hands of some of the NFL’s most consistent legal opponents and a participant in the broader sports and entertainment marketplace.” The NFL wrote in its opposition.
This comes on the back of the counterclaim filed by the two teams in response to NASCAR’s action. The governing body argued that Curtis Polk, a longtime business partner of Michael Jordan, was trying to plot a boycott for the teams to not show up at the Daytona 500. In response, Jeffery Kessler sent out a statement, “NASCAR’s retaliatory counterclaim is an act of desperation that cannot withstand a motion to dismiss.”
The NFL, NBA, NHL filed responses to the 23XI/FRM request for financial data. Much of same arguments as already included in court filings. One thing NFL noted in its response is this data is available to only small group of NFL employees/NFLPA and not even to its teams. https://t.co/AkOmwCsyHJ
— Bob Pockrass (@bobpockrass) May 2, 2025
It has to be said that both 23XI Racing and FRM aren’t going to get the help they thought they would from prominent bodies like the NFL, NBA, and NHL. And surprisingly, the fans saw this move coming with every other major sporting series trying their best to hide their dirty laundry. There’s a reason why this financial data isn’t readily available, and there could be a negative impact if these figures were to be out in public. Here’s how the NASCAR community reacted to this development.
A Public Reckoning with Sports Power Structures
“The NFL does not want the public to know how their sausage is made. Also noteworthy: The NFL is the only major US sporting league that is legally registered as ‘Entertainment’ and not ‘competitive sports.’ This exempts them from equal competition rules, aka they can rig/fix anything they want…B/c it’s for entertainment’ with no consequences.” This response highlights a little-discussed legal classification that distinguishes the NFL. Because the NFL is seen as “entertainment” rather than a competitive athletic league in the legal sense, judges decided in the historic Mayer v. Belichick decision that fans do not have a right to a fair sporting conclusion. In this case, the U.S. Court of Appeals for the Third Circuit dismissed a lawsuit filed by a New York Jets fan who claimed damages from the Patriots’ “Spygate” scandal.
It is protected by this status against claims alleging unfair competition or game manipulation. Fans are starting to wonder how much control leagues have over game results now that most U.S. states have allowed sports betting, especially when such legal wording protects them. Given this, the NFL’s decision to stay out of NASCAR’s antitrust scandal is not only predicted, but also a self-preservation.
“This was such a long shot, I don’t know how anyone thinks this hurts the 23XI/FRM case.” Not everyone was devastated by the NFL and NBA’s absence, despite the headlines. This response reveals a practical reality: 23XI and FRM probably never anticipated outside sports league backing. It was always going to be difficult to win the complaint, which accused NASCAR of engaging in monopolistic practices in its charter distribution process. Nevertheless, the teams probably reasoned that any publicity would exert pressure or even sway public opinion. Requesting third-party participation, like as amicus briefs from other leagues, is frequently more for show than substance in legal strategy. The rejection, then? Not so much a barrier as a headline.
“Idk that this is even relevant. The NHL, NFL, and NBA are owned by the team owners. NASCAR is privately owned, and the teams are independent clients.” This fan highlights the primary distinction between NASCAR and the major leagues. Teams in the NFL and NBA comprise the league and are a part of its ownership structure. However, everything in NASCAR is owned by the France family. The teams’ authority is restricted to what the sanctioning body permits because they are “participants,” not shareholders. It’s an important distinction that contributes to the lawsuit’s uniqueness. 23XI and FRM are questioning the fundamental power system rather than only accusing a league of favoritism. It appears that supporters here realize that bringing up examples from leagues with completely different governance arrangements will only add to more confusion.
“These two teams have no business knowing what other sports pay their competitors. This has nothing to do with the lawsuit.” This comment is based on a realistic skepticism. According to reports, 23XI and FRM requested access to private records on revenue sharing and team payments in professional sports leagues such as the NFL and NBA. However, supporters contend that this goes too far. NASCAR doesn’t use the income splits with owners and collective bargaining agreements with players that those leagues use. The statement expresses the opinion that Jordan’s legal team is looking for irrelevant connections in an attempt to strengthen their case more through association than content.
“Here’s the issue: in those leagues, the league office works for the owners. In NASCAR, the owners work for the league.” Out of all the responses, this one may be the most illuminating. It encapsulates why the antitrust dispute is so contentious and why the majority of leagues would not take up the issue. Commissioner offices in the NFL and NBA report to the team owners. The teams in NASCAR report to the France family. It completely changes the power paradigm. The fact that NASCAR, in contrast to other leagues, maintains total control over team access, revenue distribution, and competition rights, without providing team equity or voting power in exchange, is precisely what 23XI and Front Row are attempting to challenge in court.
If anything, this legal battle has made the fans realize how dated the economic model is at NASCAR. And Michael Jordan and his associates are trying to bridge that gap with a legal process, and the outcome of this could change the sport entirely.
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