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On November 23, Front Row continues to pursue its future plans through a dispute with NASCAR

23XI Racing and Front Row Motorsports are maintaining their business-as-usual approach despite the filing of an antitrust lawsuit against NASCAR and CEO Jim France earlier this week.

“Yes, 23XI Racing plans to race next year,” said co-owner Curtis Polk. “We plan to continue to do all the things we planned to do before we filed the lawsuit. Our business model will evolve and we will continue to grow and compete at the highest level.”

23XI Racing is expected to expand to three cars next season. While those plans have not been made public, the lawsuit says the organization agreed to purchase the card from Stewart-Haas Racing in August.

Front Row Motorsports announced plans for a third car in May. Todd Gilliland and Noah Gragson are two of the three confirmed drivers.

In the meantime, it plans to file a preliminary injunction to allow both organizations to race next season under their 2025 charter agreement as the dispute progresses. Doing so will not only ensure teams have a starting spot in each event, but will also enable them to continue earning prize money under the statute.

The purse is much smaller for teams that do not have a statute.

“We have made a commitment to our teams and staff and to preparing for 2025,” said Bob Jenkins, owner of Front Row Motorsports. “So we’re going full speed ahead in both directions.”

The lawsuit was filed Wednesday morning in North Carolina. This came less than a month after 23XI Racing and Front Row Motorsports were the only two teams not to sign a final 2025 charter contract offer from NASCAR over the weekend at Atlanta Motor Speedway.

Accusing NASCAR and its management of anti-competitive practices, the organizations are demanding not only treble monetary damages, but also a change in the way the sport operates. 23XI Racing and Front Row Motorsports jointly filed the lawsuit and agreed to ensure that it is resolved until the teams reach a fair resolution.

“I have never seen a case as blatantly anti-competitive as this,” said Jeffrey Kessler, an antitrust and sports attorney at Winston & Strawn. “What we are dealing with here is a sport where one family has essentially used its power to create an absolute monopoly for the benefit of that family and not for the benefit of the teams, drivers, sponsors, broadcasters and fans. This monopoly was not created thanks to a perfect product, family investment, or their innovation. This monopoly was created as a result of illegal monopolistic practices.”

“We expect to win this case,” Kessler continued. “One way or another, stock cars are going to change for the better in this country.”

Kessler admitted that 23XI Racing and Front Row Motorsports are open to a settlement, but only if a significant compromise is reached. Kessler, however, said that if the legal proceedings go as expected, it would be a year or two before it reaches the courthouse.