Bob Pockrass

FOX NASCAR Insider

In hopes of trying to increase the revenues and influence of NASCAR Cup Series teams, 23XI Racing and Front Row Motorsports filed a lawsuit against NASCAR and Chairman Jim France.

The teams filed the lawsuit Oct. 2 in federal court in Charlotte, claiming NASCAR’s actions violate antitrust laws.

This story will be updated with the latest developments and analysis in the case. Information comes from documents filed in the case and through conversations with those knowledgeable on antitrust issues and NASCAR racing.

What is the latest happening in the suit?

Nov. 8, 2024 update:

Preliminary injunction denied. Because the charter and open agreements contain a release clause waiving the ability to sue NASCAR, the 23XI Racing and Front Row Motorsports organizations had sought an injunction to allow them to sign the agreement (preferably a charter agreement) while pursuing the lawsuit.

To be granted a preliminary injunction, one must prove irreparable harm without the injunction. The teams argued that drivers and sponsors could be allowed to leave and if they compete only as an open team, which earns significantly less money than a chartered team and is not guaranteed a spot in the field each week, that they eventually might have to shut down.

U.S. District Court Judge Frank Whtney determined that those harms were speculative impacts, not definitive ones that would require an injunction.

“Plaintiffs have alleged that they will face a risk of irreparable harm, they have not sufficiently alleged present, immediate, urgent irreparable harm, but rather only speculative, possible harm,” the judge wrote.

“That is, although Plaintiffs allege they are on the brink of irreparable harm, the 2025 racing season is months away — the stock cars remain in the garage.”

The judge ruled that should facts change, the teams could file the preliminary injunction motion again. The teams can appeal the ruling to the U.S. Court of Appeals.

The ruling came out during NASCAR’s annual “state of the sport” address and news conference at the season-finale weekend in Phoenix. NASCAR President Steve Phelps said he had no comment.

What happens next? The teams could sign the open agreement (NASCAR currently says the charter agreement is off the table for those organizations) but then would have to argue that the clause releasing NASCAR of claims is not enforceable. 

23XI and FRM will appeal the decision. Attorney Jeffrey Kessler said he was pleased the judge decided to fast track discovery and other deadlines as part of his decision but obviously they wanted more.

“Although we are disappointed that the preliminary injunction was denied without prejudice and as premature, which we intend to appeal, this denial has no bearing on the merits of our case,” Kessler said in a statement.

“My clients will move forward to race in 2025 and continue to fight for a more fair and equitable system in NASCAR that complies with antitrust law.”

November 4, 2024 update:

Attorneys for both sides sparred during the 70-minute preliminary injunction hearing. The judge said he hoped to rule by Friday, Nov. 8.

Jeffrey Kessler argued that 23XI Racing driver Tyler Reddick, who is in the hunt for the Cup championship, and the team’s sponsors could leave if they are not allowed to run as a charter team while pursuing the lawsuit. 

Even if they are an open team, they need an injunction, Kessler said, because the open agreement teams must sign releases NASCAR of antitrust claims. Although they have signed the agreements in the past, which NASCAR argued implies their consent, Kessler argued that the injunction focuses on the stipulation in a contract they have not signed (the 2025 charter and/or open agreements).

NASCAR attorney Chris Yates said 23XI has sophisticated ownership with Michael Jordan as a co-owner and by competing in NASCAR, the teams can’t enjoy the benefits of being a charter team — which he said includes about 50 percent of NASCAR’s television revenues going to Cup teams — while making antitrust claims. And if the teams prevail, Yates said monetary damages can be calculated, so therefore an injunction is not needed.

“They make bold announcements that ignore the evidence,” Yates told the court, later adding “The real problem is plaintiffs claim that they are saying something is anticompetitive for something they joined.”

Yates noted that “they could invest in NASCAR, they could invest in IndyCar, they could buy an NBA team.”

The last part, obviously, was a reference to Jordan’s former ownership of the Charlotte NBA team.

Kessler argued that the teams have put all their resources into stock cars and the injunction merely maintains the status quo while the litigation proceeds.

“They have no place else to practice their profession — you can’t go to a football player and say you can be a basketball player,” Kessler told the court.

Any decision is likely to be appealed, Kessler said following the hearing.

Outside the courtroom, Michael Jordan commented on being in court six days before Reddick competes for the Cup title.

“I’ve been in situations of disparity — the race team is going to focus on what they have to do this weekend, which I expect them to,” Jordan said. “I think Jeffrey did an unbelievable job today.

“I put all my cards on the table. I think we did a good job of that. But I’m looking forward to winning a championship this weekend.”

October 31, 2024 update: 

The judge has denied an expedited discovery request from 23XI and FRM for NASCAR to produce documents prior to the Nov. 4 preliminary injunction hearing. 

“While the proposed discovery requests may help Plaintiffs show a likelihood of success on the merits, they are not sufficiently narrowly tailored and … Plaintiffs argue the record is sufficient to support their motion for preliminary injunction as it stands,” the judge wrote in his ruling.

October 30, 2024 update: 

In their reply to NASCAR’s response to their injunction request, 23XI Racing and Front Row Motorsports reiterated many of their previous arguments but with a couple of new points they hope can help them land the preliminary injunction:

–The teams argue that if they race as open teams, they still have to sign the NASCAR open team agreement, which includes the same clause that would release NASCAR of any claims the teams make in the lawsuit. So to even proceed fielding open, non-chartered cars, the teams would need an injunction to pursue the lawsuit.

–The teams also argue that NASCAR would not be harmed by the injunction because NASCAR already had planned, up until mid-September, to have 36 chartered teams, and therefore by allowing them to compete as chartered teams and pursuing the lawsuit, it is merely continuing the status quo.

October 23, 2024 update:

Both NASCAR and the teams had filings due Oct. 23 as part of the preliminary injunction process where 23XI Racing and Front Row Motorsports are asked to compete as chartered teams while pursuing the lawsuit (they cite a clause in the charter agreement that would prohibit them from suing). A hearing on the preliminary injunction motion is scheduled for Nov. 4.

NASCAR filed its response to 23XI/Front Row’s preliminary injunction motion, and obviously NASCAR doesn’t want to give them that benefit to run as a chartered team, considering 13 of the 15 Cup organizations have signed charter agreements.

NASCAR says it plans to run in 2025 with 32 chartered teams (instead of 36 this year) and eight open cars (instead of four) in its 40-car field — 23XI and Front Row currently have two charters apiece that they have yet to sign for.

NASCAR argues that the teams don’t meet the requirements for an injunction because they can still compete as open teams and that any damages that they suffer if they prevail in the case can be covered monetarily.

NASCAR also argues that 23XI and FRM won’t win the case because NASCAR Cup racing is not the market when it comes to antitrust law, that there are other racing and entertainment options. They argue the exclusivity provisions the teams cite as violating antitrust laws are common across sports and pro-competitive because they make the product more appealing to broadcasters, fans and sponsors when compared to other entertainment options.

The teams, who have until Oct. 30 to reply to NASCAR’s filing from Oct. 23, filed a reply to NASCAR’s response to the teams’ request for expedited discovery. The teams primarily argue that documents they want prior to the preliminary injunction hearing Nov. 4 will not be difficult for NASCAR to gather/produce and courts regularly grant expedited discovery to provide a more fulsome record for a preliminary injunction motion. The judge is expected to rule on this in the coming days. 

Previous updates:

23XI and Front Row filed a motion Oct. 9 for a preliminary injunction to allow them to race in 2025 as chartered teams — they have refused to sign the charter agreement, which was signed Sept. 6 by the 13 other Cup organizations — while the lawsuit proceeds.

To get a preliminary injunction, 23XI and Front Row primarily must show a likelihood of success on the merits of the case and irreparable harm if the injunction is not issued. They also must show that a preliminary injunction is in the public interest.

The teams claim that the guaranteed spot in every race (which a charter team gets) is critical to their business. The Daytona 500 alone is worth about 15% of the entire season’s purse, according to the teams’ court filings, and “there is a risk that irreplaceable sponsors and drivers could abandon [the teams] if they have to compete as open teams and do not qualify for all their races.”

Front Row owner Bob Jenkins in court filings stated: “Because of our love for the sport and our determination to maintain the race team we have built, we are determined to race next year even if we have to do so on an ‘open’ basis, but at some point, the losses may become so severe that we simply cannot continue — causing irreparable harm to our business, our employees, and the communities and fans we are associated with.”

NASCAR indicated in an Oct. 9 court filing on the scheduling for the hearing on the injunction request, why it opposes the motion. NASCAR says the case is more a contract case and not an antitrust case and the teams’ motion doesn’t meet the criteria for a preliminary injunction.

NASCAR argues that an injunction is not a necessary measure because if it ultimately loses the case, the court could determine monetary damages that would compensate the teams.

On Oct. 16, NASCAR filed its response to the teams’ request for expedited production of documents and files. In that filing, NASCAR states that it is “planning a 2025 season with 32 instead of 36 Charters. NASCAR carries contractual obligations to the 13 teams that accepted its offers of 2025 Charters, and consistent with the terms of the 2025 Charters, NASCAR is working on reallocating funds that Plaintiffs would have received to increase prize money and other special awards for the 2025 season for the benefit of teams that timely executed 2025 Charters, as well as Open teams who can compete to win the increased prize money and other special awards.”

What is next?

NASCAR must file a response to that preliminary injunction motion by Oct. 23. The judge initially scheduled the hearing for Oct. 16 but NASCAR, with its offices in Daytona Beach, asked for it to be postponed because their offices were shut down for at least a couple of days because of Hurricane Milton. The hearing was moved to Nov. 4 with each side getting 30 minutes. The judge wouldn’t necessarily have to rule on the day of the hearing but typically would in the days following.

As far as the teams’ request that NASCAR produce documents in the next few weeks, the teams must reply to NASCAR’s response by Oct. 23. The judge would then rule on that motion between then and the Nov. 4 hearing.

Who are the parties of the suit?

The 23XI Racing team is owned by driver Denny Hamlin (who drives for Joe Gibbs Racing), basketball icon Michael Jordan and Jordan business associate Curtis Polk. They field cars for Bubba Wallace and Tyler Reddick, and plan to add a third car next year regardless of the lawsuit status.

The Front Row Motorsports team is owned by restaurant franchisee Bob Jenkins. It fields cars for Michael McDowell (who will be replaced by Noah Gragson next year) and Todd Gilliland. It plans to add a third car next year regardless of the lawsuit status.

NASCAR is owned by the France family, primarily Jim France and France’s niece, Lesa France Kennedy. Jim’s father, Bill France Sr., founded NASCAR in 1948. 

What are the basics of the suit?

The teams say that a premier stock-car racing series must have premier stock-car racing teams to have a premier stock-car racing product. They argue that because NASCAR owns the series and the majority of the tracks while also requiring the teams to purchase parts and pieces for their cars from a NASCAR-approved supplier, as well as prohibiting teams and tracks from participating in other racing (primarily stock-car racing) series without NASCAR’s approval, that they violate antitrust law by controlling the market where premier stock-car racing teams can compete. They view the new 2025 charter agreement as unfair when it comes to revenue distribution to the teams in combination with the restrictions.

What is the charter agreement?

The 2025 charter agreement is designed to be an extension of the charter system that was formed in 2016 as NASCAR attempted to address the team business model by defining the guaranteed revenues teams would get and guaranteeing a spot in every Cup race. It in many ways acts as a franchise but differs from other sports leagues in that the teams do not have ownership in the league itself. The teams and NASCAR had been negotiating a new agreement for a couple of years to replace the one that expires at the end of the 2024 season. On the late afternoon/early evening of Sept. 6, the teams were sent a final NASCAR proposed agreement and given until midnight to sign it.

What are the teams asking for?

The lawsuit isn’t too specific about what the teams are asking for. They are asking for any relief necessary to restore competition and unspecified monetary damages.

What does Michael Jordan say?

The basketball icon told FOX Sports on Oct. 6 prior to the Talladega race: “I did it for the smaller teams as well. It’s not just me. I think everybody should have an opportunity to be successful in any business. My voice is saying that it hasn’t been happening. … Hopefully we [at both sides] can come to our senses and figure out something that can make sense for everybody.”

Michael Jordan says he hopes for a quick resolution to the lawsuit with NASCAR

What does NASCAR say?

Jim France and NASCAR President Steve Phelps, when approached by FOX Sports during the Talladega race weekend on Oct. 6, declined comment on the lawsuit. The sanctioning body has yet to issue a statement other than what is in public court filings.

In a Sept. 18 letter to 23XI Racing, an exhibit in the court filings, Phelps wrote: “It appears after 2+ years of negotiations with Teams, both collectively and individually, compromise and concession on both sides up until the last minute, we firmly believe that we have come up with a document that is fair and equitable to the industry. … You suggest that NASCAR somehow has ‘monopoly power’ and that 23XI and other Teams ‘depend on [NASCAR] for a competitive opportunity’ and have been presented with a ‘take-it-or-leave-it offer.’ We feel — and our attorneys have confirmed — that this contention is misplaced — and similar types of claims have already been rejected by courts.”

In its Oct. 16 filing, NASCAR sums up the suit by stating: “Plaintiffs have filed a meritless suit against NASCAR alleging baseless antitrust claims in order to obtain commercial agreements they previously rejected, and to attempt to extort more favorable contract terms.”

What do other team owners say? 

RCR owner Richard Childress: “I didn’t have a choice. We had to sign. I have over 400 employees, OEM [manufacturer] contracts, contracts with sponsors. I’ve got to take care of my team.”

Trackhouse owner Justin Marks: “It’s a wait-and-see game. It’s going to take a long time to take to get to any sort of point where we know what the future looks like. … For us, we just have to focus on Trackhouse. Ultimately, we got to a place where I was comfortable signing the contract. We did a great job the last couple of years building a viable business under the current arrangement and the new one will continue that in our standpoint.”

RFK Racing owner (and driver) Brad Keselowski: “We’re always going to be fighting over a piece of the pie. … I just want peace. I want our entire industry to become laser-focused on growing the sport and creating incentives where we all win when that happens.”

What do drivers say?

Kyle Larson (Hendrick Motorsports): “We’re probably one of the only sports, if not the only sport, that athlete salary has gone down in the last couple of decades. Where you look at, clearly, most athletes’ salaries are going up — not just athletes but coaches, staff members, everybody. Obviously we would love to see it trend upward instead of the opposite, which it’s been, but I think with that, the teams probably have to make a lot more money to make it viable to pay the people that are working for the organizations.”

Joey Logano (Team Penske): “Does it affect me? I’m sure someway, somehow, someday, it probably will. But at the moment, there’s nothing I can do either way. So I’m just kind of letting it roll and see how the cards fall and see what happens.”

Michael McDowell (Front Row): “Bob Jenkins is so dedicated to this sport. … He has spent millions and millions and millions and millions and millions of his own dollars to be in this sport and to be competitive. Nobody does that unless they’re insane or super passionate. Bob is very passionate.”

Kevin Harvick says Kyle Larson is a better all-around driver than Max Verstappen!

Who are the lawyers?

The teams’ main attorney is Jeffrey Kessler, who is known for representing NCAA athletes in their quest to earn money from their name, image and likeness. He also has represented U.S. women’s national team players in their quest for equal pay. He also represented Tom Brady during “Deflategate.” 

NASCAR is represented by Chris Yates, a noted attorney who has represented the U.S. Soccer Federation, the UFC, World Aquatics, Fanatics, the Atlantic Coast Conference and the Hollywood Foreign Press Association.

Who is the judge?

The judge is Frank Whitney, who was appointed to the bench in 2006. He is a former Army reservist, a military intelligence officer, and spent 15 years as a federal prosecutor in North Carolina. As far as racing cases, he currently is the judge in a Video Privacy Protection Act class action lawsuit against NASCAR. He also has presided over BK Racing owner Ron Devine’s lawsuit against the bankruptcy trustee over whether he owes money to the former team’s bankruptcy estate. Magistrate judge Susan Rodriguez, who would handle certain motions in the case, is the magistrate for the data privacy case and also recently presided over a breach of contract trial between Front Row owner Bob Jenkins and Devine and BK Racing co-owner Michael DiSeveria over who was responsible to pay for liens on a charter FRM bought from BK.

How long could this take?

This case could settle at any time. But it could take two years or more if it went to trial. And then any appeal could take a year or more. And if there are decisions that could merit an appeal before the case continues toward trial, it could take even longer.

Will the teams win? 

There is no question NASCAR controls many aspects of the sport. It has faced antitrust actions twice over the last 25 years, but those complaints came from racetracks that wanted Cup races (NASCAR prevailed in one, settled the other). The key for the teams is to get past what most likely will be a motion to dismiss (where NASCAR would ask the judge to rule that it didn’t violate the law even if everything the race teams allege is true) before discovery occurs. If NASCAR fails to persuade the judge to throw out the case, the teams would get to look at NASCAR’s books and emails, which would then give them the opportunity to find any egregious acts that discourage competition. It is possible that alone would push NASCAR to settle.

Will NASCAR win?

NASCAR leadership could argue that they gave teams a charter agreement to help them and were under no obligation to do so — and that there could be more competition if there was no charter agreement whatsoever because no one would be guaranteed a spot in the field. They could argue that they don’t stifle competition because there are other stock-car series, albeit on a smaller scale (such as the CARS tour), or other racing series that teams could compete in. And they could argue against the premise that they are legally required to have premier racing teams competing in their events. 

And what would be the potential outcomes?

That is the biggest question. The teams appear to want their preferred terms of the charter deal — they would like to see permanent charters, more of a say in the governance of the sport and more control of their intellectual property than what is in the 2025 charter agreement. But there could be other/different changes that address the antitrust issues. Could NASCAR be required to sell the tracks, and if so, who would buy them, and how would that address the teams’ issues?  Could NASCAR change clauses in the charter agreement that don’t necessarily deal with revenue awarded to the teams but which satisfy the legal issues and would then force the teams to potentially see if another major stock-car series could be developed? That is what gives this case the potential to have a major impact on the future of the sport.

Bob Pockrass covers NASCAR for FOX Sports. He has spent decades covering motorsports, including over 30 Daytona 500s, with stints at ESPN, Sporting News, NASCAR Scene magazine and The (Daytona Beach) News-Journal. Follow him on Twitter @bobpockrass.

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The driver of the No. 24 Hendrick Motorsports Chevrolet is making his second consecutive appearance in the Championship 4 — but he’d rather not repeat his 2023 performance.

Last year, William Byron earned pole position for the title-decider but fell behind rivals Kyle Larson and Ryan Blaney as the race progressed.

His entry into this year’s finale is very different from the other three drivers, partly because he earned his way in on points — partly because he hasn’t won since April.

Indeed, for 27 minutes after the previous race in Martinsville, he was actually out of the Championship 4.

Then, Byron stood stoically on pit road, waiting for a ruling to come down from NASCAR. Eventually, they deemed Christopher Bell’s accidental wall-ride an illegal safety violation, paving the way for Byron’s re-entry into the final four.

“It was excruciating,” said Byron of the wait. “I felt like it was so long. I was honestly numb to whatever was going to happen. I was honestly just preparing for not being in, then thinking about I felt like we did all we could do. It is what it is at this point. It was a lot of waiting. I felt like the longer I waited, in some ways, that it wasn’t going to work out. But yeah, it did.”

William Byron, Hendrick Motorsports, Liberty University Chevrolet Camaro

Photo by: Danny Hansen / NKP / Motorsport Images

Onward to Phoenix

When it was announced that he would have a shot at the championship, the celebrations were muted and Byron appeared subdued. That doesn’t mean he’s going to let the curious journey to Phoenix impact how he approaches this critical race on Sunday.

“I haven’t ever felt as bonded to my team as I am now,” said Byron. “We had a meeting on Sunday night about it. I feel like we’ve turned the page really, really quickly. For me personally, I’ve blocked out a ton of the noise. I haven’t looked at social media. I don’t really care. I’m just focused on trying to get the 24 car as fast as I can.

“I think past experiences have probably helped fuel that where I’ve been through enough BS in my Cup career where I kind of know what to focus on and what to block out.”

“No comment” on Martinsville penalties

Despite his decision to ignore it, the off-track noise hasn’t quieted down. On Tuesday, NASCAR penalized three teams for alleged race manipulation including the two Chevrolet drivers that rode side-by-side behind Byron in the closing laps. This week, an appeal by Trackhouse was rejected, with the panel saying it had to be done to “protect the integrity of the sport.”

Byron, the only driver related to all of the controversy that wasn’t directly implicated in some way, had little to say about what happened or the penalties that followed.

#24: William Byron, Hendrick Motorsports, Liberty University Chevrolet Camaro, #3: Austin Dillon, Richard Childress Racing, Bass Pro Shops Chevrolet Camaro

Photo by: John K Harrelson / NKP / Motorsport Images

“I was just focused on what I could do,” said Byron when asked about Ross Chastain and Austin Dillon’s actions in the closing laps. “I was driving as hard as I could. I was trying to block, just drive as hard as I could. I don’t really know. I wasn’t in their cars. But yeah, that was my goal, was just trying to do that.”

He was also asked if he agreed with the penalties but again, it wasn’t a subject Byron was keen to talk about.

“I mean, I have no comment. I’m just focused on the 24. Yeah, I mean, I just want to do a great job for my team. I feel honestly like on Sunday night, this is a huge opportunity for us to go out here and win this championship. That’s all I’m focused on.”

A focused Byron will certainly have a lot of pressure on him this weekend as the only driver for Hendrick Motorsports and Chevrolet in the finale. He will also be piloting the iconic No. 24, which hasn’t won a Cup title since Jeff Gordon (who now serves as HMS’ vice chairman) did it in 2001.

In modern NASCAR, champions aren’t crowned until the last lap of the last race of the season. Four drivers (from three super teams) arrive at the season finale with one last chance at the title — and the highest finisher wins it all. This weekend, Ryan Blaney, Joey Logano, Tyler Reddick, and William Byron will battle to see who comes out a champion. And they’ll go to battle at Phoenix Raceway in Avondale, Arizona.

Phoenix is arguably the most important track in NASCAR, if only because it’s where the champion’s been crowned since 2020. The 1.0-mile asphalt oval isn’t without its quirks and specific strategies, either. That’s why I called up the winningest Cup Series driver ever at Phoenix, Kevin Harvick, who racked up nine wins across 21 years.

So, how do you win Phoenix and the NASCAR Cup Series championship, in Harvick’s mind?

“Well, that’s a loaded question,” he said.

Harvick may have recently retired from full-time driving to become a commentator on races for FOX Sports (and host a podcast host with the network “Kevin Harvick’s Happy Hour“), but the retired champion kindly explained, in champion-level detail, exactly what it takes to leave with the trophy.

A quick Kevin Harvick history lesson on Phoenix Raceway

Phoenix Raceway

Photo by: David Rosenblum / NKP / Motorsport Images

NASCAR hosted its season finale at the 1.5-mile Homestead-Miami Speedway oval in Florida before the grand finale moved to Phoenix in 2020. NASCAR has said it likely won’t stay there forever, but hasn’t shared any concrete plans about what’s next.

Phoenix is a “huge part” of Harvick’s career — from the old days to the modern ones, after the Cup Series introduced its new “NextGen” race car and essentially flipped the track layout.

“I grew up on the West Coast, and Phoenix was kind of our Super Bowl for the touring divisions throughout the years,” Harvick said. “But that Phoenix is not the same Phoenix we see today. [The track] was very uniquely redesigned to have a stadium feel to it.

“The start-finish line used to be on what is now the back straightaway. The front straightaway was redesigned so fans could see it from the infield. You’re really in position to see great finishes, which we have seen. And what is now the front straightaway was banked so you could elevate and see the cars from other places on the racetrack.”

Harvick categorizes Phoenix in three ways: short, flat, and “known for its restarts.” There’s asphalt from the outside wall to pit-road exit, leading cars to fan out six-wide on restarts. Phoenix also isn’t a standard oval. It has four turns and a front-straightaway dogleg that’s not labeled as an official corner, which is where those restarts occur.

Phoenix hasn’t been universally loved as the season finale — especially with barn-burners at Homestead — because short tracks have been a struggle with the NextGen car. But Phoenix has all the glitz of a season finale on the surface, and all the challenges of one underneath.

Those challenges start, in some ways, at the end.

Harvick’s Phoenix Tip #1: Stay loose

Phoenix is a track where getting the last laps right is maybe more crucial than nailing the start.

“You need to qualify good, but I don’t think that’s the end of the world. If your car’s going to win, you need to be good on the long run. You have to have a car that you can adjust on throughout the day. How it starts isn’t how it’s going to need to finish.”

In NASCAR, races have “long runs” and “short runs.” Cup cars can last 95 laps on one tank of fuel, and the race itself lasts 312. A short run at Phoenix maxes out at about 30 laps in the Cup car owing mostly to tire degradation: the rubber breaks down intensely over the first 30 laps before plateauing and wearing much more slowly over the next 70 laps or so.

“Kevin found speed by being fastest during that plateau area,” explained one race engineer I spoke with. “Since lap times degrade very little during that section of the run, it’s all about consistency.”

But the Phoenix finale is about more than consistency. It’s about anticipation.

William Byron and Kevin Harvick lead the charge in 2023 in Phoenix

Photo by: Matthew T. Thacker / NKP / Motorsport Images

The race starts midday and transitions into dusk, so the car has to be set up for the lower temps of a desert sunset. The track’s surface changes with the heat loss and the rubber buildup from tires, meaning teams have to find the right balance between loose (rotates too much, like it’s on ice skates) and tight (doesn’t turn sharply enough).

“We saw it last year,” said Harvick. “We saw the racetrack really change. A lot of the cars that were super loose to start the race wound up being the really good cars at the end, because the track tightens up as the day goes on. I think you just have to run the car as loose as possible, and sometimes a little looser than you like it, in order to keep the turn in the car throughout the whole day.”

Harvick’s Phoenix Tip #2: Master the restarts

A patented Phoenix restart in 2019

Photo by: Russell LaBounty / NKP / Motorsport Images

Phoenix restarts are one-of-a-kind. NASCAR’s rolling-start restarts bring cars two-wide toward the green flag. But in Phoenix, cars immediately dive left to drive the shortest distance possible through the dogleg, fanning out five- and six-wide.

There’s just one problem: the yellow line marking the “bottom” of the track, where it transitions from banked corner to flat apron, means not everyone gets to where they want to go.

“The hardest part about the restart is not mistiming it, because you can’t go below the yellow line until you get to the start-finish line,” Harvick said. “The first thing everybody wants to do is go left, so from a driver’s standpoint, you just have to be aware of where that start-finish line is in order to not get a penalty.

“But you can’t be conservative. You have to go as low as you can go, because if you don’t, somebody’s going to go lower. We don’t see a ton of wrecks, but the ones that do happen are usually from somebody being slow to react or not going all the way to the bottom. Somebody shoves their nose inside of them, and next thing you know, somebody hits the inside wall.”

A driver’s position in the field can also make or break their restart in Phoenix. NASCAR restarts typically have about 40 cars in two lines of 20, and the lead car accelerates in a “restart zone” before the green flag. But with the Phoenix reconfiguration, a lot of the field is still in the final corner when the leader accelerates.

“Being able to accelerate in the corner is not easy,” Harvick said.

Then, there’s the physical toll those left-hooks take. Drivers slam onto the flatter apron from the banked racing surface, and they don’t have cushy suspension to protect them.

“When I drove the NextGen car, the last thing I wanted to do was go on the apron,” Harvick said. “It’s the most uncomfortable ride you could possibly imagine, because the car bottoms out. It’s a jarring blow every time.”

Harvick’s Phoenix Tip #3: Brake hard, drive harder

Restart or not, drivers have to settle into a rhythm around Phoenix. That means carrying as much speed into and out of the corners as possible.

“The first thing that I always try to tell people is: You have to get the braking,” said Harvick. “I think being able to still get a nice shape into the corner, but drive the car into the corner as hard as you can, is where we always made up a lot of time.”

Harvick also said drivers “can’t be locked into one line.”

“If everybody’s on the bottom of the racetrack, you’re never going to pass them,” Harvick said. “That was one thing that always made us good with this style of racetrack: the fact that you had to go searching around for what you needed to be doing.”

Harvick was also good at Phoenix because “you trail off the brake and go right back to the throttle, and there was not a lot of out-of-the-throttle roll time.” It suited his driving style, and if he nailed the transition from brake to throttle, he knew it was a good lap.

“The first cue, for me, was when I would let off the brake: what the front tires would do, and how long it took for those front tires to grab and go the other direction,” Harvick said. “The second cue was: How hard could I put the throttle down on the exit of the corner?”

Because Phoenix is a different shape on each end of the track, the technique is different in Turns 1 and 2 than it is in Turns 3 and 4. (And often, Harvick said, if you do well in Turns 1 and 2, you’ll overdrive 3 and 4. It’s hard to get a perfect lap in.)

“I always found that Phoenix was a place where, in Turn 1, you could turn the steering wheel a lot harder than most places,” Harvick said. “That second tug on the wheel was something I felt like was an advantage for us, being able to still have your car turn through the middle of one and two — and as soon as it did turn, being able to go back to the throttle and drive up off the corner.”

In Turns 3 and 4, Harvick had his eyes on one thing: the yellow line.

“For me, Turn 3 was a corner that I wanted to be able to drive the car in straight,” Harvick said. “I wanted to have my eyes towards the inside wall to pick up that yellow line, because I felt like it was kind of like a trough. The left-front tire loves that little line in the trough.

“If you could hit it right with your left-front, then you could lift off the brake and start to apply some partial throttle. Then [you could] have your eyes up and drive straight [toward] the start-finish line. I think you’re going to win the race on the bottom in 3 and 4.”

Following a Monday hearing where both sides argued their case, U.S. District Court Judge Frank Whitney decided to deny the preliminary injunction filed by by 23XI Racing and Front Row Motorsports (FRM) in hopes of keeping their charters, while the antitrust lawsuit against NASCAR is ongoing.

The judge stated that the teams did not meet their burden of proof in an eight-page release, noting that they failed to clearly indicate that they would suffer irreparable harm due to the loss of charters.

The teams argued that they would risk losing sponsors, explaining that sponsors “could abandon [them] if they have to compete as open teams and do not qualify for all of the races.” 23XI had noted that their sponsor agreements specifically mention that they must run all of the races, which is only a certainty when a team holds a charter. They also argued that there is a risk they could lose their drivers, as Tyler Reddick — who is set to battle for the Cup title on behalf of 23XI in less than two days — could terminate his contract.

The teams also teams argued that competing as an open team “could threaten [their] continued existence” due to the loss of revenue. But perhaps the most important argument is the team’s assertion that “NASCAR has the power to exclude open competitors completely” under the new Charter Agreement.

The judge’s reasoning

However, the judge countered by saying that anyone seeking a preliminary injunction must “demonstrate that irreparable injury is likely in the absence of the injunction … A showing of the ‘possibility of irreparable harm’ is not sufficient.”

It goes on to say in perhaps the most critical statement made by the judge: “Although the Plaintiffs have alleged that they will face a risk of irreparable harm, they have not sufficiently alleged present, immediate, urgent irreparable harm, but rather only speculative, possible harm. That is, although the Plaintiffs allege they are on the brink of irreparable harm, the 2025 racing season is months away — the stock cars remain in the garage.”

Todd Gilliland, Front Row Motorsports, Ruedebusch Ford Mustang, Michael McDowell, Front Row Motorsports, Benebone Ford Mustang

Photo by: John Harrelson / NKP / Motorsport Images

23XI and FRM are allowed to appeal, which is likely to happen.

This ruling is a critical step in the teams’ fight against what they’ve lawsuit against NASCAR where they’ve labelled the France family as “monopolistic bullies.” If the decision holds, it will have a huge impact on the financial viability of both 23XI and FRM, while also forced to race their way into the 2025 Daytona 500. To complicate this issue is the fact that both organizations have made clear their intentions to purchase a third charter from Stewart-Haas Racing as the team shuts down. 

NASCAR already announced they plan to move forward with 32 charters next year instead of the usual 36. To combat this, the teams filed this motion for a preliminary injunction. 23XI co-owners Michael Jordan, Denny Hamlin, and Curtis Polk were all present at the Monday hearing, as was FRM’s Bob Jenkins and Jerry Freeze. 

Franco Colapinto‘s strong arrival in Formula 1 has created a small earthquake that threatens to shake up the 2025 grid amid rumours linking him to Red Bull’s teams.

The 21-year-old has impressed since replacing Logan Sargeant at Williams, having scored points in two of his six outings with the Grove-based team.

Although Colapinto doesn’t have a full-time seat for 2025, Williams boss James Vowles admitted the team was actively working with rival squads to find a spot for him on the grid next year.

Speculation during the Brazilian Grand Prix weekend went as far as linking him with a Red Bull drive alongside Max Verstappen, taking over the seat of the struggling Sergio Perez.

The interest in the Argentine by Red Bull was confirmed by the team’s executives themselves during the Interlagos weekend.

Red Bull boss Christian Horner visited the Williams hospitality to meet Vowles – a meeting that was not missed by those present in the paddock.

Christian Horner, Team Principal Red Bull Racing

Photo by: Red Bull Content Pool

While Colapinto is attracting interest from Red Bull, the question remains as to where he would be placed should he end up joining the energy drinks company’s roster.

According to rumours picked up over the Interlagos weekend, Red Bull advisor Helmut Marko sees Liam Lawson, who has made a strong return to F1 since the United States GP, as Verstappen’s team-mate in 2025.

In this scenario, an RB seat would be available for Colapinto alongside Yuki Tsunoda.

However, speculation suggests Horner’s plan would be different, as he would prefer to promote Colapinto directly to Red Bull alongside Verstappen, in which case Lawson would be heading for his first full season in F1 at RB.

Horner would be interested in this scenario in order to maximise the financial potential of Colapinto, whose popularity has exploded in Argentina and throughout Central and South America.

The move would not be without risk, however, given Colapinto’s limited experience.

Franco Colapinto, Williams FW46, Lewis Hamilton, Mercedes F1 W15, Carlos Sainz, Ferrari SF-24

Photo by: Sam Bloxham / Motorsport Images

Horner’s vision also would not support the work of the Red Bull Junior Team, a programme that was once flourishing but has stalled in recent years.

For Marko, the possibility of promoting Lawson represents a return to the process that until a decade ago ensured the team was able to draw successfully from its own pool of young drivers.

Placing Colapinto alongside Verstappen after four seasons in which the role was held by Perez would be a blow to the junior programme, and Red Bull would find itself in the situation of locking its youngsters into RB for the fifth consecutive season.

In the past this has also been influenced by the calibre of the drivers, but Lawson appears to be doing everything he needs to do to be a candidate for a role in the main team.

At the moment, however, Colapinto is still a Williams driver. Vowles has raised the bar quite high for those interested in him, with rumours claiming a demand of $20 million.

Jack Doohan, Reserve Driver, Alpine F1 Team

Photo by: Simon Galloway / Motorsport Images

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On top of that, a wild rumour has also emerged this week linking Colapinto with Alpine, despite the team having officially confirmed Pierre Gasly and Jack Doohan for 2025.

But not all the choices have been made by the current management.

Also endorsing this hypothesis was a test run by Alpine last Tuesday in Qatar with the 2022 car, a test that was intended for junior driver Victor Martins and Doohan, but Gasly surprisingly also took to the track.

Gasly’s presence is considered by some as a desire from the team to have feedback about Doohan’s performance.

Race manipulation isn’t a new concept in NASCAR or racing in general. Stock car racing had SpinGate with Clint Bowyer in 2013, Formula 1 had CrashGate with Nelson Piquet Jr. in 2008, and IndyCar had its recent P2P scandal involving Team Penske. But as Penske’s own Joey Logano pointed out during Championship 4 Media Day, the way a sanctioning body reacts to such moments will be critical for keeping the sport intact.

“Well, it’s everything, right?” said Logano when asked about the maintaining the sport’s integrity. “I mean, you see plenty of documentaries on how sports and people have kind of done things in the wrong way, how it can destroy a sport. NASCAR is backed up against the wall to where they had to do something, right? They have to do something to control us. It’s everybody, right?

“Whatever the rule is, whether it’s this 100% rule or it’s putting the cars together, if the rules aren’t enforced, the sport will fall apart. It’s important to keep that.”

The 100% rule was implemented following Michael Waltrip Racing’s attempt to influence the 2013 playoff race, a very gray-area rule that essentially says all competitors must race at 100% of their ability with the goal of achieving their best possible finishing position in an event. 

The growing influence of manufacturers 

But while race manipulation has been a hot topic this week, so has the role of the manufacturers and how tightly aligned teams representing the same OEM now are. Ross Chastain and Austin Dillon weren’t Hendrick Motorsports drivers and neither team even runs Hendrick engines. Despite that, they put their own race aside to safeguard the No. 24 of William Byron. 

Earlier this week, Denny Hamlin said that the manufacturers have “way too much say in the outcomes of these races,” but Logano looked more at the current car and its role in all of this.

Joey Logano, Team Penske, Shell Pennzoil Ford Mustang, Harrison Burton, Wood Brothers Racing, MotorcraftQuick Lane Ford Mustang

Photo by: Matthew T. Thacker / NKP / Motorsport Images

“Yeah, I mean, in some ways it’s grown and in some ways not,” explained Logano when asked about manufacturer influence. “But I think the Next Gen car itself has kind of made the manufacturer matter a lot more because there’s only certain things that we can control, right? The car is the car. The body becomes important. That’s one thing that the OEM can control. The engine. There’s your other one, right? Those are two big speeding ops.

“The teams, they have the ability to tune and make a car better than others. There’s times where we’ve seen it, right, what happened earlier this year, the Fords were off, all of them. You tell me all the teams were off? No. The OEM matters. We’ve been able to turn that around all together, which is great.”

Are the penalties enough?

The penalties issued by NASCAR this week did not factor in the car makes, focusing on the three teams accused of race manipulation. However, said penalties were substantial, totaling $600,00 in fines, nine suspensions, and the loss of 50 driver/owner points between each organization. But was it enough?

“I don’t know,” admitted Logano. “I know that NASCAR had to do something just because if you let that go, it will just keep becoming more extreme every time. They put their foot down. Is it enough? Well, we’ll see this week. If they do it again, then you know the penalty wasn’t big enough.”

Trackhouse attempted to appeal the penalties this week, but lost. Both RCR and 23XI withdrew their own appeals. Now onto Phoenix where each manufacturer has at least one car in the Championship 4 fight. With all four title combatants entering the finale on equal ground, there will surely be temptation to meddle again if the opportunity arises. For the sake of the sport and for the reasons already stated by Logano, hopefully they do not.