NASCAR insider Jordan Bianchi has presented what could be the "worst outcome" of the ongoing lawsuit drama involving 23XI Racing and Front Row Motorsports. Bianchi expressed that the split between NASCAR and the teams could result in the organizations defecting to other leagues, where a handful of big-pocketed teams could even form their private league.
Despite two years of negotiations, NASCAR allegedly didn't fulfill what the teams asked for—more revenue share, a say in the governing matters, permanent charters, and a cut from the proceeds NASCAR would generate through the teams and the drivers.
While 13 teams inked their approval, 23XI and FRM didn't. On the contrary, they sued NASCAR, alleging them of anticompetitive and monopolistic practices, as the teams were at risk of losing their existing charters if they failed to sign the proposal by the deadline (September 6 midnight). The matter is still under trial.
While the lawsuit is taking its course, Jordan Bianchi expressed that the fallout could result in a scenario where NASCAR would be at a huge loss. He mentioned that notable teams can exit the sport, leaving the grid scarce of cars.
"The worst case, obviously, it's a split. I could see some kind of fracture where a handful of teams decide to leave NASCAR and go form their own series or just leave the sport altogether. And NASCAR loses a huge group of notable teams and all of a sudden you're looking at 'How do we fill out a grid?'" Bianchi said via Dirty Mo Media.
"Then you've got this other rival series and in a sport that's trying to grow and feels like it's got a runway to do that, it would completely fracture it. I think it plays out very much like IndyCar did when you saw the open-wheel war in the 90s and what did that for that series and open wheel racing in this country," he added.
In 1994, open-wheel racing was split between the primary series, CART, and Tony George (the former Chairman, president, and CEO of the Indianapolis Motor Speedway). This led to the formation of the Indy Racing League, which further developed into the IndyCar Series in 1996.
A peek into how NASCAR's lawsuit has progressed
After the teams filed a lawsuit against NASCAR, their first request was to grant a preliminary injunction to race as chartered teams in 2025. However, the officials removed a clause that earlier prevented teams with an active lawsuit against NASCAR from racing, defeating the plaintiff's 'irreparable harm' justification.
The defendants clapped back at the teams, alleging they sued NASCAR because the charter deal didn't turn out the way they wanted. Moreover, the officials slammed 23XI's Curtis Polk for manipulating others into boycotting NASCAR deals.
The teams resubmitted the preliminary injunction plea, citing new circumstances. They also alleged that NASCAR promised that charter transfer with SHR would pass but recently instructed teams to withdraw the case for the promise to be fulfilled.