softmedia
  • AMERICAN FOOTBALL
  • BASEBALL
  • BASKETBALL
  • COLLEGE SPORT
  • FOOTBALL
  • ICE HOCKEY
  • RUGBY
No Result
View All Result
Plugin Install : Cart Icon need WooCommerce plugin to be installed.
  • AMERICAN FOOTBALL
  • BASEBALL
  • BASKETBALL
  • COLLEGE SPORT
  • FOOTBALL
  • ICE HOCKEY
  • RUGBY
No Result
View All Result
softmedia
No Result
View All Result
  • AMERICAN FOOTBALL
  • BASEBALL
  • BASKETBALL
  • COLLEGE SPORT
  • FOOTBALL
  • ICE HOCKEY
  • RUGBY

Hear From NASCAR On The Lawsuit From 23XI Racing

steveloxi by steveloxi
October 10, 2024
in Uncategorized
0
Home Uncategorized
23XI Racing and Front Row Motorsports have filed a preliminary injunction in their antitrust case against NASCAR. Both teams are looking for the court to allow them to compete as Charter teams for 2025 despite skipping the signing of charter agreements as the lawsuit is ongoing.

They also field for discovery of documents and files from NASCAR executives Jim France, Lesa France Kennedy, Ben Kennedy, Steve O’Donnell, Steve Phelps, and Scott Prime.

On September 6th, 13 of 15 teams signed the charter agreement that begins in 2025. These two teams missed the final deadline and elected to take the case to court.

23XI and Front Row issued the following joint statement:

“The 23XI and Front Row Motorsports teams are fully committed to competing in next year’s Cup Series. Today’s procedural filing is the next step in advancing our case against NASCAR and their monopolistic practices, while protecting our drivers, race teams, and sponsors by establishing our legal right to run in 2025.”‍

Jeffrey Kessler issued the following statement:

‍“NASCAR’s dominant control over racing is not because of its superior skill or business acumen, but rather its history of exclusionary acts and restrictive agreements that have stifled competition through its monopoly power. We believe our expedited discovery requests of NASCAR and the France family will shed light on their anticompetitive practices and support a preliminary injunction ruling that 23XI and Front Row Motorsports have a legally protected right to race next year while our antitrust case proceeds in Court,” said Jeffrey Kessler, Winston & Strawn LLP Partner and Co-Executive Chairman, and lead counsel for 23XI Racing and Front Row Motorsports.

Steve Phelps: Letter to 23XI Racing

The following letter addressed to Michael Jordan and Denny Hamlin is from September 11th:

“We have reviewed your September 6th letter and we would like to respond to certain points asserted in your correspondence,” the letter from Phelps opened.

“You suggest that NASCAR ‘approved’ your investment in the sport. The decision to buy a NASCAR team was a unilateral choice made by you as experienced businessmen. NASCAR was not involved in the negotiations of the terms, conditions, price or ultimate decision to acquire a race team.”

“When 23XI purchased Charter Agreements in 2020 and 2021, NASCAR did not ‘approve’ but only consented to the transfer via the Joinder Agreement.”

“You also suggest that NASCAR was ‘not negotiating in good faith’ by virtue of the terms NASCAR offered in the renewal Charter Agreement. The Joinder Agreement referenced above requires each assignee to assume ‘all obligations, liabilities, duties and responsibilities …under the charter agreement.”

“Specifically, those obligations included in section 2.3 (Good Faith Renewal Obligations) of the Charter Agreement whereby …’the final decision whether or not to renew, and the term of any renewal period, shall be subject to mutual agreement of the parties and, for clarity, either party may propose any changes to this agreement during such Negotiation Period.’ “

“One party not agreeing to the other party’s proposed changes is not a failure to negotiate in good faith’, it’s the process of negotiation. It appears that, after over two years of protracted negotiations, there has not been a meeting of the minds on certain key points which has led to an impasse.”

“This does not imply that NASCAR has failed to negotiate in good faith’, but rather reflects the complexities of the ongoing discussions and the differing positions of the parties involved. However, NASCAR has acted above board throughout this process.”

“Despite your team waiving its exclusive negotiating right after it expired January 29, 2024, NASCAR did not talk or have discussions with third parties around the charters in an effort to close agreements with the current charter owners. Throughout the process NASCAR has made concessions and in return negotiated for things that NASCAR felt were important.”

“Lastly, you suggest that 23XI was not afforded an opportunity to negotiate fairly with NASCAR. NASCAR and the Teams have been negotiating for over two years regarding the terms of this Charter Agreement and we began those conversations earlier than was set forth in the Charter Agreement in an effort to find common ground as early as possible.”

“Many of those meetings directly involved your representative. We received individual comments from many teams and also received general comments from Covington, which purported to represent the interests of all the teams.”

“The negotiations have been lengthy and exhaustive (see high level timeline attached, which is not meant to exhaustive of every conversation but shows the on-going communication between Teams and NASCAR).”

“We firmly believe that we have come to a document that is fair and balanced based on the interest of all the stakeholders in the industry. The Charter Agreement has been finalized and the negotiations are concluded.”

Charter Negotiation Timeline

The following timeline was included with the letter above:

June 2022: Initial proposal received from Teams

October 2, 2022: First Charter negotiation session in Talladega (NASCAR counter)

October 2022: Individual Team meetings at race shops

November 1, 2022: Team Owner Council meeting

January 12, 2023: Charter negotiation session in Daytona (Team counter)

January 19, 2023: Team Owner Council meeting

February 4, 2023: Charter negotiation session in Los Angeles (NASCAR counter)

February 23, 2023: Charter negotiation session in Charlotte (Team counter)

March 2, 2023: First meeting of sub-committee to discuss ‘all in’ and opportunities to collaborate

March 14, 2023: Second meeting of sub-committee to discuss ‘all in’

March 21, 2023: Tim sends Team business collaboration points

March 24, 2023: Charter negotiation session – Virtual (NASCAR Counter)

March 28, 2023: Follow up meeting with ancillary rights team scheduled. Teams cancelled and didn’t want to work further on this without the larger agreement terms in place.

April 4, 2023: Team Owner Council meeting (Teams did not attend)

May 5, 2023: Letter to NASCAR Board on permanent Charters

May 9, 2023: Letter sent to TNC saying that we were scheduling one-on-one team meetings

May 11, 2023: Email from Dave Alpern asking us to add the Charter conversation to the June 22 TOC – NASCAR replied that individual meetings would not be concluded by then given Jim in Europe for Garage 56

May 18, 2023: Letter from Dave Alpern from the TOC regarding driver ambassador program

May 19, 2023: Email from Jeff Gordon on desire / feasibility of permanent Charters

May / June 2023: Individual Team meetings

June 22, 2023: Team Owner Council meeting

July 7, 2023: Meeting with 23XI and Jim France and Steve Phelps

July 25, 2023: Charter negotiation session – Virtual (NASCAR proposed subgroups to make progress)

August 30, 2023: Team Owner Council meeting

September 19, 2023: Charter negotiation session – Hendrick Barn

October 9, 2023: Charter negotiation session – Charlotte Law firm

October 25, 2023: Team Owner council meeting

December 22, 2023: First Charter extension letter sent and agreed to

January 5, 2024: RTA / Covington letter to NASCAR

January 9, 2024: Letter response back to Covington

January 16, 2024: Charter negotiation session – JW Marriott Charlotte

January 25, 2024: Charter negotiation session – Charlotte

January 26, 2024: 2nd extension letter sent and not agreed to

January 30, 2024: Team Owner Council meeting

February 14, 2024: Letter sent to each individual Team Owner to clarify position and ask for individual meetings

February 2024: Limited number of individual Team meetings

April 8, 2024: Letter from Jim France to 23XI offering to meet with the team and asking them to respond by April 11, 2024

April 12, 2024: Steve Lauletta emailed letter from Denny Hamlin to Steve Phelps. The letter referred NASCAR back to the TNC to negotiate on their behalf.

Mid-April 2024 to late May 2024: Individual Team Meetings

April 26, 2024: Steve Newmark sends Pool Allocation proposal to Scott Prime done by 3 team CFO and 3 team execs. Directs Prime to Newmark or Jonathan Marshall if there are questions.

April 29, 2024: Steve Newmark emailed Scott Prime to provide additional color on how they reached the Pool Money proposal. 13 of 15 teams voted to endorse.

May 1, 2024: Team Owner Council meeting

May 10, 2024: Letter from 3-4 teams with their concept/feedback from the meetings (23XI said they did not support and would be sending their own comment with TNC)

May 10, 2024: Meeting with Jim France, Steve Phelps, Steve O’Donnell, Ben Kennedy and Scott Prime (NASCAR) and 23XI

May 13, 2024: In response to NASCAR’s request in individual team meetings to understand the evergreen request, Steve Newmark sends evergreen language on behalf of the TNC (23XI copied)

Steve Phelps: Another letter to 23XI Racing

This letter is from September 18th:

“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,” the letter opens from NASCAR President Steve Phelps.

“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.”

Previous Post

Birmingham City Perspective Given On Wayne Rooney At Plymouth Argyle

Next Post

Sheffield Wednesday Seeking New Contract For Defender As Owls Plan For Seasons

steveloxi

steveloxi

Related Posts

Uncategorized

Coach Raises Major Concern About Penn State Quarterback Drew Allar

by steveloxi
March 28, 2025
Birmingham City Chief Tom Wagner Holds Key Meeting Over Multi-Billion Investment
Uncategorized

Birmingham City Chief Tom Wagner Holds Key Meeting Over Multi-Billion Investment

by steveloxi
March 13, 2025
Portsmouth’s Next 5 Games Compared To Championship Relegation Rivals Ahead Of Luton Town And Plymouth Argyle Clashes
Uncategorized

Portsmouth’s Next 5 Games Compared To Championship Relegation Rivals Ahead Of Luton Town And Plymouth Argyle Clashes

by steveloxi
February 14, 2025
Derby County Sign Midfielder With Only Two First-Team Starts This Season
Uncategorized

Derby County Sign Midfielder With Only Two First-Team Starts This Season

by steveloxi
February 3, 2025
Ivan Juric Issues Southampton Transfer Verdict Amid Expiring Deal
Uncategorized

Ivan Juric Issues Southampton Transfer Verdict Amid Expiring Deal

by steveloxi
January 11, 2025
See VAR Call That Denies Southampton Win Over Brighton In Premier League
Uncategorized

See VAR Call That Denies Southampton Win Over Brighton In Premier League

by steveloxi
November 30, 2024
Ipswich Boss Set To Axe £42 Million With January Move For A £15 Million Star
Uncategorized

Ipswich Manager Talks Missed Chances Against Manchester United In Home Draw

by steveloxi
November 24, 2024
Portsmouth Boss’ Speaks On January Transfer Plans Amid Latest Frustrating Injury Set-Back
Uncategorized

Portsmouth Boss Pinpoints Silver Lining Ahead Of Millwall Showdow

by steveloxi
November 24, 2024
Load More
Next Post
Sheffield Wednesday Seeking New Contract For Defender As Owls Plan For Seasons

Sheffield Wednesday Seeking New Contract For Defender As Owls Plan For Seasons

Discussion about this post

Recent Posts

  • 30-Year-Old Wrexham Star With Two Goals Set To Decide Future
  • Notre Dame Misses One 2026 Wide Receiver, But Advances With Another
  • Stockport County Interested In summer Transfer swoop For 23-Year-Old City Player
  • Reading FC Linked With 29-Year-Old Released Championship Defender
  • Goodbye To A Stockport County Favourite Who Is Set To Leave On A Free Transfer This Summer

FOOTBALL

Popular Post

    About Us

    SOFTMEDIA

    We hope you enjoy our NEWS, SPORTS, CELEBRITY as much as we enjoy offering them to you.

    I will keep posting more important posts on my Website for all of you. Please give your support and love.

    Category

    • AMERICAN FOOTBALL
    • BASEBALL
    • BASKETBALL
    • COLLEGE SPORT
    • FOOTBALL
    • ICE HOCKEY
    • NEWS
    • RUGBY
    • SPORT
    • Uncategorized

    Softmedia | Copyright © 2022-2024

    No Result
    View All Result
    • AMERICAN FOOTBALL
    • BASEBALL
    • BASKETBALL
    • COLLEGE SPORT
    • FOOTBALL
    • ICE HOCKEY
    • RUGBY

    Softmedia | Copyright © 2022-2024