NASCAR filed a counterclaim against 23XI Racing, Front Row Motorsports, and 23XI Racing co-owner Curtis Polk, alleging Sherman Act violations and conspiracy.

The counterclaim states that since June 2022, the defendants engaged in a conspiracy to restrain interstate trade and commerce. NASCAR alleges that Polk orchestrated this illegal conspiracy while serving on the Team Negotiating Committee (TNC) for the Race Team Alliance.

Key allegations include:

• Defendants attempted to pressure NASCAR through media campaigns
• Interfered with NASCAR's broadcast agreement negotiations
• Threatened to boycott events
• Engaged in group boycott of team owner council meetings

Polk, as 23XI's lead negotiator, allegedly played a central role in using collective behavior to extract better commercial terms from NASCAR during Charter negotiations. The counterclaim notes that 23XI Racing and Front Row were among only two teams that didn't sign the charter agreement in September, with 13 others signing.

In response, Jeffrey Kessler, attorney for 23XI Racing and Front Row Motorsports, called NASCAR's counterclaim "meritless" and "a desperate attempt to shift attention away from its own unlawful, monopolistic actions."

NASCAR seeks:

• A jury trial
• Judgment finding Sherman Act violations
• Damages compensation
• Permanent injunction against joint negotiations
• Potential elimination of guaranteed race entry provisions

The case stems from an October 2023 antitrust lawsuit filed by 23XI Racing and Front Row Motorsports against NASCAR, accusing the organization of unlawful monopolization.

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