CHARLOTTE, N.C. — Two NASCAR teams — one of them co-owned by Michael Jordan — filed a federal antitrust lawsuit against the stock car series and chairman Jim France on Wednesday, claiming the new charter system limits competition by unfairly binding teams to the series, its tracks and its suppliers.
23XI Racing and Front Row Motorsports filed suit in the Western District of North Carolina in Charlotte after two years of contentious negotiations between the privately owned National Association for Stock Car Auto Racing and the 15 charter-holding organizations in the Cup Series, the organization’s top series.
“The France family and NASCAR are monopolistic bullies,” the teams said in the lawsuit, a copy of which was obtained by The Associated Press. “And bullies will continue to impose their will to hurt others until their targets stand up and refuse to be victims. That moment has now arrived.”
NASCAR in early September presented its final offer on what is essentially a revenue-sharing model; 13 organizations signed, with most saying they did so under duress or felt threatened into doing so.
But 23XI Racing, the team co-owned by Jordan and veteran driver Denny Hamlin, and the smaller Front Row team refused to sign. They hired Jeffrey Kessler, a top antitrust attorney who has represented the players in all four major professional North American sports, helped push the NCAA toward an era of paid college athletes, and won a landmark equal pay settlement for members of the U.S. women’s national soccer team.
The lawsuit seeks details from NASCAR and France “related to their exclusionary practices and intent to insulate themselves from any competition.” Kessler said he would ask for a preliminary injunction that will enable the two teams to compete in 2025 under the new charter agreement while the litigation proceeds.
The teams said they will seek treble damages for anticompetitive terms that have ruled the sport since the initial 2016 charter agreement.
“Everyone knows that I have always been a fierce competitor, and that will to win is what drives me and the entire 23XI team each and every week out on the track,” said Jordan, the retired NBA superstar. “I love the sport of racing and the passion of our fans, but the way NASCAR is run today is unfair to teams, drivers, sponsors and fans. Today’s action shows I’m willing to fight for a competitive market where everyone wins.”
NASCAR, based in Daytona Beach, Florida, had no immediate comment.
What is a charter? The charter system introduced in 2016 included revenue sharing and other elements of the business for the top motorsports series in the United States while guaranteeing 36 entries in every lucrative Cup Series race. Of the 19 team owners who were originally granted charters in 2016, the lawsuit says, only eight remain in the sport.
One of the departing teams was Furniture Row Motorsports, which sold its charter for $6 million at the end of the 2018 season — a year removed from winning the Cup Series championship — proof, the plaintiffs say, that the charters left the teams without a path to profitability.
The original charters lasted from 2016 through 2020 and were automatically renewed to continue through Dec. 31, 2024. With expiration looming, teams argued that the revenue sharing is unfair and demanded a larger share of the pot.
Front Row owner Bob Jenkins has maintained that he has never turned a profit since forming his team in 2005. He won the Daytona 500 in 2021 with driver Michael McDowell yet failed to break even in that banner season.
With four sons and a desire to leave something for his family to run, Jenkins said he wants a fair agreement.
“I have been part of this racing community for 20 years and couldn’t be more proud of the Front Row Motorsports team and our success. But the time has come for change,” Jenkins said. “We need a more competitive and fair system where teams, drivers, and sponsors can be rewarded for our collective investment by building long-term enterprise value, just like every other successful professional sports league.”
What do the teams want? During negotiations, the teams asked for more revenue, a voice in governance and rulemaking, and a cut from deals NASCAR earns off the names, images and likenesses of the participants.
The teams also wanted the charters to be permanent; France has refused.
According to the suit, NASCAR presented a take-it-or-leave-it offer on Friday, Sept. 6, 48 hours before the playoffs began. It says NASCAR threatened teams to sign the more than 100-page agreement or risk losing not only their charters but the charter system itself unless “a substantial number of teams” agreed.
“The teams knew that fielding a NASCAR car had become so expensive that it would be economically devastating for most of them to compete without even the modest revenue sharing and stability provided by the charter system and the complete loss of their charter values if the charter system was discontinued,” the lawsuit claims.
Rick Hendrick, the winningest owner in NASCAR history, has said he signed only because he was worn down by the negotiations. 23XI Racing and Front Row held out, but their motivation remained unclear until Wednesday’s court filing.
What does the lawsuit claim? The suit argues that NASCAR violated the Sherman Antitrust Act by preventing any stock car racing team from competing on the circuit “without accepting the anticompetitive terms” it imposes.
“Faced with a take-it-or-leave-it offer, and no competing opportunity for premier stock car racing in the United States, most of the teams concluded that they had to sign,” the lawsuit states. “One team described its signing as ‘coerced,’ and another said it was ‘under duress.’
“A third team said, NASCAR ‘put a gun to our heads’ and we ‘had to sign.’ A fourth described NASCAR’s tactics as that of a ‘communist regime.’ None of these teams would permit their identities to be publicly revealed for fear of retribution from NASCAR.”
How did it get here? NASCAR was founded in 1948 by Bill France Sr. and run by him until 1972. Since then, it has been run first by his son Bill France Jr., then by Bill Jr.’s son, Brian France, and now by Bill Sr.’s second son, Jim France. Ben Kennedy, the son of Bill Jr.’s daughter, Lesa, is the heir apparent to the family business.
The lawsuit maintains that NASCAR until 2016 operated under year-to-year contracts that provided no long-term viability to any team. There was no guaranteed entry into any Cup Series event or prize money, and teams depended on individual sponsorships they had to find themselves.
That model made sustainability next to impossible for any owner who tried to operate exclusively as a racing team without additional outside businesses. Chasing sponsorship became a full-time job, and teams often found themselves competing with NASCAR outright for financial deals.
The teams felt they were operating in a “constant state of financial vulnerability” that put some of the most successful organizations out of business, the lawsuit states. It quotes NASCAR Hall of Famer Jimmie Johnson, who has mostly retired as a driver and is the co-owner of a fledgling Cup Series team.
“In the words of NASCAR Hall of Famer Jimmie Johnson,” the lawsuit says, “the best thing to be is NASCAR, the second best a driver and the last thing a team owner.”
RALEIGH — Carolina Hurricanes coach Rod Brind’Amour said his players have to be smarter about retaliating against the Florida Panthers‘ trademark agitation.
“We know that’s how they do things,” he said on Wednesday, after Florida took a 1-0 lead in the Eastern Conference finals with a 5-2 win. “Find a way not to let that get to you. Stick to what is going to win us games.”
At issue for the Hurricanes in Game 1 was center Sebastian Aho‘s roughing penalty against Florida’s Anton Lundell at 6:59 of the first period, which negated a Carolina power play and led to Carter Verhaeghe scoring the first goal of the game on a Panthers’ power play. Aho took a swing at Lundell after the Panthers center cross-checked him. The referees whistled the retaliation but not the initial stickwork that provoked it.
“I mean, the first penalty is bad call, right? You’re going to have those. But that’s my thing: Retaliation penalties are not going to get it done,” Brind’Amour said. “We did a pretty good job with [retaliation], but it just takes one. That’s my point. You can’t have that one, because that really puts you behind the game and now it’s different.”
The Hurricanes are 5-0 when scoring first in the playoffs and 3-3 when they don’t. Carolina’s penalty kill had stopped 14 of 15 power plays at home and 28 of 30 overall in the playoffs until Game 1, when Florida went 2-for-3 with the man advantage.
“They made us pay. It’s a good team that knows how to score goals and finds way to win games when you make mistakes,” Carolina captain Jordan Staal said. “We’ve got to limit those mistakes.”
Another example of the Hurricanes’ retaliation, though a less costly one for Carolina, came in the third period when defenseman Shayne Gostisbehere deliberately shot a puck at Florida forward Brad Marchand. In this case, the Panthers got the worst of it, as Marchand was given a double minor for roughing and a 10-minute misconduct.
“Just heated. I was pretty pissed off. He tried to take a run at me. I shot the puck at him. We had a little [tussle],” Gostisbehere said.
After Game 1, neither Panthers players nor coach Paul Maurice would discuss the incident in detail.
“It happens. It’s what it is. I mean, we block shots all the time, so what’s the difference?” Panthers defenseman Aaron Ekblad said.
That attitude extends to the Panthers’ composure on the ice. While the Panthers have earned their reputation as an irritating, physical opponent — attributes that helped them win the Stanley Cup for the first time last season — they can dish it out and take it.
Look no further than the Florida crease in Game 1, where the Hurricanes crashed the net of goalie Sergei Bobrovsky with frequency. At one point, forward Andrei Svechnikov‘s hip collided with Bobrovsky’s head. But the goalie wasn’t knocked off his game and his team didn’t retaliate.
“It’s OK. It’s the playoffs. They try to get under the skin. I just focus on my things and try not to think about that,” Bobrovsky said after his Game 1 win.
Maurice praised his netminder’s composure.
“Sergei’s not a kid. He’s been through it. He’s been bumped. He’s just developed a skill set that it just doesn’t bother him,” the coach said. “No one likes getting elbowed in the head, but it won’t be the first time or the last time.”
Game 2 of the Eastern Conference finals is Thursday night in Raleigh. The Hurricanes have now lost 13 straight games in that round of the playoffs, including five straight to the Panthers.
PHILADELPHIA — Jean Segura, a two-time All-Star infielder who hit .281 in a 12-year major league career with six teams, announced his retirement.
Segura’s announcement was made on social media Wednesday by his agent, CAA Sports, and the Philadelphia Phillies, for whom he played from 2019-22.
Jean Segura has announced his retirement after 12 seasons spent with the Angels, Brewers, Diamondbacks, Mariners, Phillies and Marlins. He was an All-Star in 2013 and 2018. pic.twitter.com/XP6P0N4yzo
The decision was reached after Verlander threw on the side Wednesday. During the session, it became apparent to Verlander that he wouldn’t be able to make his scheduled start against the host Washington Nationals on Saturday and might not make his following turn.
“They’re saying, ‘give yourself a blow. Take the 15 days and let’s get this behind you and be ready to go,'” Verlander said of the Giants.
San Francisco is hopeful Verlander will only be sidelined for a short time.
“He’ll end up missing two starts and then I think everything will be good,” Melvin said. “He’s obviously not happy about it because he wants to make every start but it was the prudent thing to do.”
The tricky part of forecasting is that Verlander is experiencing nerve irritation in the pectoral muscle. The 42-year-old insisted it’s not related to the neck injury he sustained in June of last season with the Houston Astros that led to him missing more than two months.
Verlander is winless in 10 starts with the Giants and struggled in Sunday’s outing against the visiting Athletics.
Verlander had velocity and command issues in four innings against the Athletics and issued a season-worst five walks. He allowed two runs, three hits and struck out one.
“There are always things you’re pushing through,” Verlander said while referring to the Sunday outing. “It’s always difficult to be 100 percent in this game. It was one of those things where I thought I was going to be just fine. Then I go out there and start throwing, look up (at the scoreboard) after the first pitch and see 90-91, and I thought, ‘Oh, boy. Gonna be a tough day.'”
Verlander is 0-3 with a 4.33 ERA in his first campaign with San Francisco. He has struck out 41 and walked 21 in 52 innings.
The three-time American League Cy Young Award winner and 2011 AL MVP is in his 20th big league season. A nine-time All-Star, Verlander is 262-150 with a 3.31 ERA in 536 career starts.
Melvin said it was too soon to make a decision on who will start Saturday’s game.