As expected, NASCAR has asked the courts to seal certain key documents as part of 23XI Racing and Front Row Motorsports’ antitrust lawsuit, specifically regarding the preliminary injunction request made by the two teams, to compete with charters through the duration of the legal process.
In a filing made on Tuesday, one day before the teams respond to the sanctioning body’s response detailing why those two teams should race without charters, NASCAR wants to ensure that ‘confidential’ information regarding the 2016 and 2025 charters receive redactions.
Specifically, the document reads:
“The response, and certain supporting documents to be concurrently filed, will contain confidential information from the following:
1. The 2016 NASCAR Cup Series Charter Member Agreement, (Doc. No. 21-4), which was previously ordered sealed by this Court, see Order Granting Doc. No. 10, Plfs’ Mot. Seal (Oct. 4, 2024) (Text-Only Order);
2. The 2025 NASCAR Cup Series Charter Member Agreement, (Doc. No. 21-5), which was previously ordered sealed by this Court, see Order Granting Doc. No. 10, Plfs’ Mot. Seal (Oct. 4, 2024) (Text-Only Order”
NASCAR’s reasoning is that these documents ‘contain highly sensitive commercial financial information, such as revenue, rights agreements and sponsorship agreements. Defendants would not share this highly sensitive financial information publicly and it should be sealed to avoid harming Defendant’s business and business relationships;’
The Defendants are, of course, NASCAR, who also says the attorneys representing 23XI Racing and Front Row Motorsports have consented to that request.
“Defendants’ counsel has conferred with Plaintiffs’ counsel regarding the instant motion, and Plaintiffs’ counsel consents to the motion to seal.”
Should the court agree, which it is certainly going to, will result in Wednesday’s response from the team’s receiving several redactions before being made public — in any matters regarding both editions of the charter system.
