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NASCAR’s internal contingency plans for running Cup Series races surface in a new court filing, as 23XI Racing and Front Row Motorsports seek summary judgment on NASCAR’s countersuit.
The case stems from charter extension negotiations covering 2025 to 2031, with teams disputing claims of anticompetitive conduct during those talks.
NASCAR alleges Curtis Polk, linked to 23XI co-owner Michael Jordan, attempted to organize a boycott of the 2024 Daytona Duel and used unlawful tactics in negotiations.

The teams ask Judge Kenneth D. Bell to sever the counterclaim from the main lawsuit, which is currently scheduled for a December 1 trial.
A summary judgment would allow a ruling without trial if no genuine factual disputes exist, streamlining the case’s path to resolution.
The filings argue collective bargaining by teams is lawful. Notably, 13 of 15 charter teams signed agreements individually despite Polk’s objections.
Documents also contend Polk lacked authority to compel joint action. Front Row is portrayed as outside the Teams Negotiating Committee and not accused of specific misconduct.

NASCAR’s “Gold Codes” contingency outlines multiple scenarios if teams refused to sign charters or staged a boycott.
Options include trimming fields to 30 cars or mixing NextGen entries with Xfinity and ARCA machinery to complete grids.
Balancing methods involve wind tunnel work, on-track testing, and dynamometer programs. Hypothetical test events are listed for Daytona and Homestead in 2024.
Costings include driver salaries around $2 million each, plus road crews, pit crews, and facility staff. Total salary exposure reaches tens of millions per event.
Antitrust arguments hinge on market power and alleged restraint of trade. The teams say NASCAR shows no antitrust injury.
They cite more than 150 licensed teams beyond the 15 charter outfits, challenging claims that charter holders control the market.
Defense filings add NASCAR preferred dealing with Race Team Alliance members at below-market rates instead of broader alternatives, which doesn’t prove team dominance.
NASCAR must establish an unlawful agreement that unreasonably restrains trade. The defense maintains coordinated team negotiations remain lawful.
NASCAR’s reply is due in early October, with the central trial still set for December 1.
Driver context continues to matter across the field, as seen in profiles of top NASCAR drivers shaping recent seasons.
Safety remains pivotal, with the importance of fire suits in NASCAR underscoring evolving standards during longer race schedules.
Commercial dynamics also shift, highlighted by Prime Video and Coca-Cola’s partnership expanding the series’ promotional reach.

John Martinez delivers real-time NASCAR Cup Series and Truck Series news, from live race updates to pit-lane strategy analysis. A graduate of the University of Northwestern Ohio’s Motorsports Technology program, he breaks down rule changes, driver tactics, and championship points with crystal-clear reporting.