In response to the preliminary injunctions granted to 23XI Racing — owned by Michael Jordan and Denny Hamlin — and Front Row Motorsports, NASCAR filed a brief on Friday urging the U.S. Court of Appeals for the Fourth Circuit to reverse the decision.

In the appeal, NASCAR contends that 23XI and Front Row sought and received injunctions binding them to the 2024 charter agreement despite contending that the charter violates antitrust law.

NASCAR asserted that U.S. District Judge Kenneth D. Bell misapplied antitrust laws and portrayed the release of claims as standard business practice, not anti-competitive conduct. NASCAR argued that businesses, per case law, have a right to choose the terms and conditions of their agreements and that it’s the teams’ choice to accept or decline those terms.

NASCAR wrote in its appeal that it views 23XI Racing and Front Row Motorsports as investments by entrepreneurs such as Jordan. The company also explained the competitive nature of attracting capital, owners and fans, while noting the turnover rate and the need to keep investing to meet their needs.

Per the appeal, NASCAR went on to defend limited non-compete clauses and exclusivity agreements with racetracks as part of its business practice, nothing the importance with regards to race operations and controlling costs.

Meanwhile, 23XI and Front Row in court filings have maintained that NASCAR’s business practices are monopolistic and anticompetitive and deny teams a fair shake.

–Field Level Media