The starting grid will continue to have 23XI Racing and Front Row Motorsports cars in 2025 after NASCAR updated the language in the open agreement.
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According to a statement from Jeffrey Kessler, lead attorney for 23XI Racing and Front Row Motorsports, NASCAR has removed the requirement in its open agreement that would take away the ability to file an antitrust lawsuit against the sanctioning body.
This means the two teams can continue to race while pursuing their antitrust lawsuit. They just will not have guaranteed spots in every race.
"We are pleased to announce that NASCAR has removed the anticompetitive release requirement in its open agreement, which will now allow 23XI and Front Row Motorsports to race as open teams in 2025," the statement said.
"My clients will continue their appeal to the 4th Circuit to issue an injunction so that they can run as chartered teams therefore avoiding irreparable harm. Both teams are pleased that they will continue to be a participant in this sport that they love while fighting to make it fair and just for all."
Attorneys for NASCAR and the two Cup teams met in court on Nov. 4 for a preliminary injunction hearing. 23XI and Front Row set out to obtain an injunction that would remove this anticompetitive release requirement from the open and charter agreements.
They also sought the ability to sign the charter agreement so that they could race as chartered teams for the duration of their lawsuit against NASCAR.
Judge Frank D. Whitney heard the arguments and took multiple days to issue a ruling. He ultimately denied the preliminary injunction request, essentially saying that the two teams had alleged that their businesses "may not" survive without the preliminary injunction, not that they "would not."
Judge Whitney issued this ruling during championship weekend at Phoenix Raceway. 23XI Racing co-owner Denny Hamlin met with media members and said it was "TBD" whether his team would have cars on the grid for the Daytona 500.
Under the charter agreement that expires at the end of 2024, 23XI Racing and Front Row Motorsports each have two chartered cars. Both teams have agreements in place to purchase a third charter from Stewart-Haas Racing. The future of those charters remains in flux as the lawsuit continues.
