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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.”

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Knight’s Choice salutes in Melbourne Cup boilover

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Knight's Choice salutes in Melbourne Cup boilover

Knight’s Choice has won the 2024 Melbourne Cup, defeating Warp Speed and Okita Soushi in a thrilling finish at Flemington on Tuesday afternoon.

The massive outsider saluted for Irish-born jockey Robbie Dolan, who claimed victory in what was his first ever ride in the “race that stops a nation”.

In what was a gripping 164th staging of Australia’s most-watched thoroughbred race, Knight’s Choice proved too strong in a sprint to the finish, pulling over the top of Okita Soushi and holding off Warp Speed by the barest of margins.

Trained by John Symons and Sheila Laxon on the Sunshine Coast, Knight’s Choice was well down the betting across all markets. It was Laxon’s second Melbourne Cup triumph after she trained Ethereal to victory 23 years ago.

“This is the pinnacle of all pinnacles, this is the Melbourne Cup,” Symons said.

Zardozi rounded out the first four.

As the field approached the final few hundred metres it appeared as though Jamie Kah, aboard Okita Soushi, would become just the second woman to ride the winner in the Melbourne Cup. But Okita Soushi was swallowed up as the winning post neared, with Knight’s Choice beating Warp Speed to the line after a peach of a ride from Dolan.

“We’ll be singing tonight after a few beers,” Dolan, who was a contestant on the 2022 edition of “The Voice”, told Channel 9.

“It is amazing and a lot of people doubted this little horse. Doubt me now.”

Laxon was more than happy with the ride, with Dolan threading his way through the field from near last on the bend.

“He started the race, and he knew how to ride him. We didn’t give him instructions, he knew what to do,” she said.

“I love it being down for the Australians. The Australian horse has done it, and Robbie is Australian now as well, so I’m thrilled to win the Cup, and it is the people’s Cup, and that’s what it is all about.”

Knight’s Choice is just the sixth Australian-bred horse to win since 1993, and the first since Vow and Declare back in 2019.

The five-year-old gelding carried only 51kg to victory and was making its first start over the 3200m trip. It had most recently come off a fifth-placed finish in the Bendigo Cup, but had showed sparing little form this preparation otherwise.

“I watched every Melbourne Cup for the last 40 years. I thought my best chance was to get him to stay the trip and, hopefully, he can run home and do the quick sectionals he can on a good track and he proved everybody wrong,” Dolan said.

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Brewers’ Montas, Rea headed to free agency

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Brewers' Montas, Rea headed to free agency

MILWAUKEE — The Brewers‘ starting rotation could have a new look next season with right-handers Frankie Montas and Colin Rea heading into free agency.

The Brewers announced Monday that Montas had declined his part of a $20 million mutual option for 2025. The Brewers turned down the $5.5 million club option on Rea’s contract.

Montas receives a $2 million buyout and Rea gets a $1 million buyout.

In other moves Monday, right-hander Kevin Herget was claimed off waivers by the New York Mets, and left-hander Rob Zastryzny was claimed off waivers by the Chicago Cubs. First baseman Jake Bauers and right-hander Bryse Wilson cleared waivers and were sent outright to Triple-A Nashville.

Montas, 31, had a combined 7-11 record with a 4.84 ERA and 148 strikeouts over 150⅔ innings in 30 starts for the Cincinnati Reds and Brewers this season. He was 3-3 with a 4.55 ERA in 11 starts for the Brewers, who acquired him just before the trade deadline.

Rea, 34, was 12-6 with a 4.28 ERA this season in 32 appearances, including 27 starts. He struck out 135 in 167⅔ innings. Rea had an 8.31 ERA in September and was left off the Brewers’ NL Wild Card Series roster.

Herget, 33, had no record with one save and a 1.59 ERA in seven appearances with Milwaukee this year. He was 5-1 with four saves and a 2.27 ERA in 38 relief outings with Triple-A Nashville.

Zastryzny, 32, was 1-0 with a 1.17 ERA in nine appearances with Milwaukee. He pitched in 30 games with Nashville and went 4-0 with a 3.03 ERA.

The 29-year-old Bauers batted .199 with a .301 on-base percentage, 12 homers and 43 RBIs in 116 games this season. He also hit a seventh-inning homer that broke a scoreless tie in the decisive Game 3 of the Wild Card Series with the Mets, who rallied in the ninth to win 4-2.

Wilson, who turns 27 on Dec. 20, went 5-4 with a 4.04 ERA in 34 appearances, including nine starts.

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Maton hits free agency after Mets decline option

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Maton hits free agency after Mets decline option

SAN ANTONIO — Right-hander Phil Maton became a free agent Monday after the New York Mets declined his $7,775,000 option in favor of a $250,000 buyout.

The 31-year-old was 2-1 with a 2.51 ERA in his first season with New York, which acquired him from Tampa Bay on July 9. Maton was 3-3 with a 3.66 ERA in a career-high 71 games overall and had a $6.25 million salary.

New York also announced left-hander Sean Manaea declined his $13.5 million option to become a free agent for the third consecutive offseason. Manaea agreed to a contract in January that included a $14.5 million salary for 2024, and the 32-year-old went 12-6 with a 3.47 ERA in 32 starts, striking out 184 and walking 63 in 181⅔ innings.

After dropping his arm slot in midseason, he became the Mets most effective starting pitcher and went 6-2 with a 3.09 ERA.

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