Denny Hamlin recently expressed his view that declarations from nine current and two former Charter team owners seem to aid 23XI Racing and Front Row Motorsports more than NASCAR in the ongoing antitrust lawsuit. These statements, filed in late 2024 during NASCAR’s effort to secure a summary judgment, are pivotal in the legal battle challenging the sport’s Charter system.
The declarations were submitted on a Friday in the U.S. District Court in Charlotte, North Carolina, as part of NASCAR’s defense against claims brought by 23XI Racing and Front Row Motorsports. The sanctioning body argues that the lawsuit targets the integrity of its Charter system, which governs team rights and long-term participation. Yet, according to Hamlin, the content of these declarations might unexpectedly support the plaintiffs’ position better than NASCAR’s own.
Perspectives on Charter System Declarations
Hamlin stated,
“Nothing (that was in them) surprised me,”
acknowledging the declarations but adding,
“I didn’t think it was super helpful for them (NASCAR). I thought that it was, truthfully, more helpful for us than it was for them. Obviously, as they said, they were asked to do it.”
His assessment indicates that these testimonies provide nuanced insight not entirely favorable to NASCAR’s defense.
Federal Judge Highlights Broad Remedies if Plaintiffs Prevail
On August 28, 2025, during a federal hearing, U.S. District Judge Kenneth D. Bell outlined potential consequences if 23XI Racing and Front Row Motorsports succeed in their claim. Judge Bell spoke of a range of possible equitable remedies, suggesting significant changes could disrupt NASCAR’s current operations.
He explained,
“There’s likely to be sales of tracks,”
and continued,
“There will be non-exclusivity provisions that will be erased. There will be noncompete provisions that will be erased. There will be changes to what use can be made of the cars. The whole charter system itself may be looked at. Even though nobody’s asked the Court to look at it, but the Court’s not limited to remedies suggested by the parties. And the charters are going to look different even if the charter system survives.”
Judge Bell further emphasized the uncertainty facing stakeholders, stating,
“But until the jury comes back and we start talking—and only if they find for the plaintiffs, and we start talking about equitable remedies, nobody knows what ’26 is going to look like. Sponsors don’t know, drivers don’t know, broadcasters don’t know. Because if plaintiffs (23XI Racing and Front Row Motorsports) prevail, NASCAR is going to look very different.”
He highlighted the tension in the situation:
“And that’s a lot of uncertainty for everybody. If plaintiffs don’t prevail, everybody’s got certainty. Nothing about their business is going to change. But nobody knows that until sometime mid-December.”
Team Owners Share Their Views on the Charter Agreement
The declarations of several influential team owners provide insight into the significance of the Charter system and their stance regarding the lawsuit.
Rick Hendrick, founder and majority owner of Hendrick Motorsports, reflected on the Charter agreement’s role in NASCAR’s stability. He remarked that while negotiations didn’t satisfy everyone, he believed the deal was fair and beneficial. Hendrick said,
“I think we worked really hard for two years and it got down to, you’re not going to make everybody happy. But in any negotiation, you’re not going to get everything you want, and so I felt it was a fair deal and we protected the Charters, which was number one, we got the revenue increase, I feel a lot of things we didn’t like we got taken out, so I’m happy with where we were.”
He stressed the importance of the system, stating,
“The Charter agreement is critical to the stability of the NASCAR ecosystem—the teams, the businesses that support us and NASCAR itself.”
Hendrick underscored the high stakes involved:
“Undoing what we have collectively negotiated will not only result in immeasurable damage to our sport and our respective businesses, it will, most importantly, hurt the people and families that depend on us for their livelihoods.”
Roger Penske, founder and chairman of Penske Corporation, highlighted the Charter system’s positive impact on his operations and broader motorsports. Penske noted,
“I believe that the Charter system has been beneficial because it delivered on the race teams’ goal of creating long-term equity value.”
He connected this to his efforts beyond NASCAR, adding,
“based on my experience with NASCAR’s Charter system since 2016, I decided to create a Charter-type system in IndyCar. In 2024, the NTT INDYCAR SERIES and all teams racing full time in IndyCar entered into a charter agreement effective for the 2025 season. The IndyCar Charter has some similarities to the NASCAR Charter and I believe has brought value to our series.”
Penske further commented on cost-saving innovations under the Charter framework,
“Attempting to address team concerns with the cost to race in Cup Series races, NASCAR with feedback from the teams, introduced what is called Next Gen car. Since the Next Gen car began racing in 2022, Team Penske’s Cup Series race car costs have been reduced due to a smaller number of race cars in the fleet and a lesser volume of parts replacements. In addition to cost efficiencies, the Next Gen car has enhanced on track racing for our team and certainly others.”
Joe Gibbs, founder and owner of Joe Gibbs Racing, emphasized the importance of swift, amicable resolution. He said,
“The most important thing to me is that this lawsuit is resolved amicably, quickly, and in a manner that preserves the Charter system and the long-term viability of our incredible sport. That must happen to ensure the health, happiness and prosperity of our many hundreds of employees and their families. Nothing matters more to me.”
Calvin Wells, CEO of Legacy Motor Club, described the Charter system as essential for team sustainability. He explained,
“Before the Charter system was implemented in 2016, NASCAR teams had no reliable mechanism to capture organizational value if sponsorship left or ownership stepped aside.”
Wells described the system’s benefits:
“The Charter system changed that equation, providing predictable cash flow, guaranteed race entries, governance rights, and, critically, a transferable business asset. The ability to sell both physical assets and charter rights has made team ownership significantly more sustainable.”
Wells also mentioned his participation in recent negotiations:
“I also participated in the negotiation process leading up to the 2025 Charter Agreement. LEGACY MOTOR CLUB received and reviewed multiple drafts in late 2023, May 2024, August 2024, and September 2024. Our team provided comments and input, and while not all parties secured every objective, I believe the final agreement represents a viable, forward-looking framework for collaboration between NASCAR and its teams.”
Brad Keselowski, current NASCAR driver and co-owner of RFK Racing, expressed acceptance of the 2025 Charter despite compromises, noting its potential benefits for team equity. He stated,
“Although the teams did not get all they wanted in the Charter negotiations, the 2025 Charter reflects a compromise RFK Racing was ultimately willing to accept, and I believe it should contribute to growth in team equity values.”
Keselowski also clarified his independent racing activities, explaining,
“I was approached by a short-track series called Superstar Racing Experience (SRX) about driving in SRX races. I raced in the entire SRX series season (six races) in 2023 while continuing as a co-owner of, and driver for, a Cup Series team. NASCAR did not prohibit my participation in the SRX series.”
Gordon Smith, majority owner of Hyak Motorsports, stressed the importance of Charter system stability and expressed concern about the lawsuit’s impact. He said,
“I believe that the 2025 Charter represents the best deal that HYAK Motorsports and the other participating teams were able to negotiate, and the stability and certainty afforded by the Charter system is a key and integral part of what enables us to have success. I have significant concerns about the current litigation given the uncertainty it brings and the detrimental effect it may have on the future of the sport.”
Richard Childress, founder and owner of Richard Childress Racing, voiced strong support for the Charter system’s creation of enterprise and long-term equity value. Childress remarked,
“As a team owner for many decades, I believe in the concept of NASCAR’s Charter system. Given the challenging business model and economics that Cup Series team owners face, Charters are essential to creating enterprise value for teams. The Charter system has helped create long-term equity value and has allowed for team equity value to grow.”
Future of NASCAR Hangs in the Balance Amid Legal Fight
The ongoing lawsuit has injected a profound sense of uncertainty into NASCAR’s future, impacting sponsors, drivers, broadcasters, and countless industry professionals. The court will likely decide the fate of the Charter system after a trial scheduled for December, with the potential for sweeping changes if 23XI Racing and Front Row Motorsports win.
Judge Bell’s comments underscore how dramatically the sport could be reshaped, making the outcome pivotal not just for the parties involved but for the entire NASCAR community. Uncertainty remains the dominant theme as stakeholders await the jury’s decision, with repercussions that could redefine how teams participate, compete, and sustain business operations in the years ahead.
