Michael Jordan's 23XI set to seek court hearing as team faces losing 'millions'

23XI Racing, the NASCAR Cup Series team co-owned by Michael Jordan and Denny Hamlin, are set to seek a court rehearing in the hopes that judges will reinstate a key injunction in their antitrust lawsuit against the stock car racing series.

23XI, along with Front Row Motorsports (FRM), sued NASCAR last October alleging anticompetitive and monopolistic practices after refusing to sign up to the series' new charter agreement.

Crucially, however, the teams were granted an injunction in December that would allow them to compete as de facto chartered teams in 2025 due to a clause in the charter agreement that prohibits teams from suing NASCAR.

NASCAR appealed that decision, and earlier this month, a three-judge appeals panel sided with the series, overturning the injunction, leaving 23XI and FRM facing the loss of their charters.

Speaking shortly after that ruling, 23XI co-owner Hamlin confirmed that the difference between running as open teams compared to chartered entries was in the 'tens of millions'.

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23XI attorney confirms teams next steps

23XI and FRM have until Thursday to ask for a rehearing in their case, and speaking after a separate issue in their lawsuit was in court on Tuesday, the teams' attorney, Jeffrey Kessler, confirmed they would meet that deadline.

"Unfortunately, I don’t think the three judges, if you read their opinion, actually dealt with the hard issues, and that’s what the circuit will need to do,” Kessler told the media, via NBC Sports.

“For example, under their decision, Google could go to all of their customers and say if you want to be on my app store, you have to waive your antitrust rights so we never get a Google case. Apple could do the same.

“These types of forced releases by someone who is adjudicated to be a monopoly in some respect … we think they’re anti-competitive. We think if the whole Fourth Circuit looks at that, it’s hard to get a rehearing, may not get a rehearing, but we think it should have a rehearing.”

If the teams' request for a rehearing is denied, they could lose their chartered status as soon as seven days after that decision, as per FOX.

The wider antitrust lawsuit is scheduled to be heard in court on December 1st, 2025.

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