23XI and Front Row Withdraw NASCAR Anticompetitive Injunction Appeal

23XI and Front Row Withdraw NASCAR Anticompetitive Injunction Appeal

By Michael Anderson

November 24, 2024 at 02:48 AM

23XI Racing and Front Row Motorsports have withdrawn their appeal of the preliminary injunction ruling, marking a significant development in their ongoing dispute with NASCAR.

The teams had initially appealed Judge Frank D. Whitney's rejection of their request for a preliminary injunction aimed at removing an anticompetitive clause from NASCAR's agreements. This clause affected their ability to compete while pursuing an antitrust lawsuit against the series.

IndyCar racers competing on speedway track

IndyCar racers competing on speedway track

The withdrawal comes after NASCAR recently removed the disputed clause from the open agreement, leading both teams to commit to racing next season as open teams. In their dismissal request, the teams cited changed circumstances that eliminated the need for the appeal.

The teams' statement reads: "Circumstances have changed in the underlying case, removing the need for this appeal and necessitating Appellants to seek new relief from the district court." They acknowledge that this dismissal is permanent and cannot be reinstated later.

While Judge Whitney's initial ruling denied their request, he left open the possibility for the teams to refile the preliminary injunction in District Court. However, they would need to demonstrate a "likelihood" of irreparable harm, as their previous claims about potential loss of drivers and sponsors were deemed to show only a "possibility" of damage.

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