Michael Jordan's 23XI and FRM move to block Rick Hendrick's trial testimony in intensifying NASCAR antitrust battle

NASCAR teams 23XI Racing and Front Row Motorsports have asked the court to bar Rick Hendrick from testifying before the antitrust lawsuit trial date set for December 1. The teams said that they cannot set a deposition date when Hendrick and his lawyers are available, according to Fox Sports' Bob Pockarssss. They argued that without a deposition, Hendrick should not be allowed to take the witness stand.NASCAR, in turn, has proposed that Hendrick's deposition could be done during the first week of trial. He will not testify until after December 8, when NASCAR will likely present its case.The teams had earlier sought to depose Hendrick and block efforts to limit his testimony. On Friday, November 14, Pockrass shared the latest update in a post on X:"23XI/FRM asking for Rick Hendrick not to be allowed to testify at trial b/c no date for deposition where he and his lawyers are available. NASCAR says b/c he won’t testify before Dec 8 (when NASCAR likely presents its side), deposition can be done first week of trial (Dec. 1-7)."The lawsuit, filed in October 2024, centers on NASCAR's charter system and argues the sanctioning body uses it to restrict competition. 23XI, co-owned by Michael Jordan and Denny Hamlin, and Bob Jenkins' FRM, declined to sign the agreement and also accused NASCAR of monopolistic behavior.Hendrick and fellow owner Roger Penske were added by NASCAR to its witness list earlier this month. 23XI and FRM requested full, unrestricted depositions, as the owners hold important information about revenue allocations and charter terms.But Rick Hendrick and Roger Penske later filed motions asking for limits. They asked the court to restrict topics, conduct the depositions remotely, or delay until the trial itself. NASCAR backed the request, saying the questioning should be limited to the "high-level subject matter" of the declarations the owners had already submitted.Judge denies special treatment to Rick Hendrick and Roger Penske23XI Racing and FRM had demanded full access to the Hendrick Motorsports and Team Penske owners' financial and charter system knowledge. Judge Kenneth Bell ruled in favor of the teams this Tuesday, November 11. He decided that Rick Hendrick and Roger Penske must sit for in-person depositions without the scope limitations NASCAR sought.The judge wrote, via Reuters:"No company or individual will be accorded special treatment. ...Unless NASCAR irrevocably commits not to call these individuals as trial witnesses, then Plaintiffs have the right to promptly depose them before trial and cross-examine them at trial within the governing Federal Rules, without limitation."The judge had also ruled in favor of the teams before, stating that the market at issue was "premier stock-car racing" and rejected NASCAR's attempt to broaden it to series like IndyCar.