The NASCAR-23XI Racing–Front Row Motorsports antitrust lawsuit battle has taken a interesting turn. On Wednesday, the two teams filed previously unseen text messages in court, and thanks to FOX Sports’ Bob Pockrass, we get to see the internal messages that led to NASCAR enforcing the charter system last year.
The texts were sent three years ago and reveal the real reasons behind the ongoing lawsuit. They show NASCAR executives on high alert, planning for the survival of the sport. They reveal concerns about other leagues, financial threats and even golf’s recent upheaval where Saudi-backed LIV Golf lured top players from the PGA Tour.
NASCAR President Steve O’Donnell didn’t sugarcoat it about 23XI co-owner Curtis Polk:
“Curtis thinks we (NASCAR) are dumb hillbillies… I want to win, and I know you do as well. It is personal now - we are against a guy who doesn’t care one bit about this sport.”
He listed the threats: private equity owners who don’t care about short term returns and international racing series run by teams themselves. He warned of a “doomsday scenario” with multi-million dollar payouts enticing drivers away:
“I don’t ever want to see you in that position. We need to lock ourselves in a room and war-game this thing. Future of the sport is on the line and we need to assume - unfortunately - that 30 of 36 drivers will leave us and all owners will leave us… if we don’t want that to be the case, what should we do? And what do we really think is fair?”
The Messages That Explain the NASCAR lawsuit
Ben Kennedy responded with a strategic thought and an opportunity: “No one has the answers but feels as though we need someone thinking about it constantly.”
He suggested diversifying NASCAR’s revenue streams in addition to broadcast deals, including the international market, sports betting and even NFTs, providing both defensive and creative avenues to move the sport forward.
These conversations show that NASCAR’s push for the charter system was not as much about money but more personal, a perspective of safeguarding the structure of the sport.
The charter, enacted in 2016, gave teams a guaranteed starting spot in each race along with a guaranteed revenue share, which currently amounts to $1.5 billion. Last year, 13 out of 15 teams signed the charter. That’s when 23XI Racing and Front Row Motorsports declined to the charter by claiming it felt unfair and monopolistic.
These internal texts reinforced the view of executives considering the charter as a means to keep teams from leaving or forming other series should NASCAR have disruptions just like golf retained. Again, this changes the lawsuit.
Despite NASCAR’s recent settlement offer and O’Donnell’s efforts to avoid monopoly claims before the December 1 trial, 23XI Racing and Front Row Motorsports are not backing down.
