Overview
- 23XI Racing and Front Row Motorsports asked a federal judge to compel in‑person, unrestricted depositions of Rick Hendrick and Roger Penske following their late addition to NASCAR’s witness list.
- The teams argue they were told repeatedly the owners would not testify, call the late inclusion “sandbagging,” and say in‑person questioning is necessary to probe charter terms, economics, and their declarations.
- NASCAR, along with Hendrick and Penske, opposes broad depositions, proposes remote sessions, and seeks topic guardrails, stating it will not ask about team income, expenses, profitability, or salaries.
- Judge Kenneth D. Bell previously ruled that NASCAR holds monopoly power in the market for premier stock‑car racing, with a Dec. 1 trial to decide whether its conduct unlawfully abused that power.
- Recent unsealed filings include the full 2025 Charter Agreement and internal emails, while an antitrust scholar noted NASCAR’s own filings on market definition may have weakened its defense.