Rick Hendrick, Roger Penske Deposed in NASCAR Antitrust Trial
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Hendrick & Penske subpoenaed for NASCAR Antitrust Lawsuit Depositions
Table of Contents
Rick Hendrick and Roger Penske will provide depositions in the antitrust lawsuit filed by 23XI Racing and Front Row Motorsports against NASCAR, ahead of the December 1 trial.
What Happened?
A judge in the Western District of North Carolina has ordered Rick Hendrick and Roger Penske to submit to deposition interviews with lawyers representing 23XI Racing and Front Row Motorsports. This stems from the ongoing antitrust lawsuit these teams have brought against NASCAR.
A deposition is a formal, sworn interview used during the fact-finding phase of a lawsuit, allowing both sides to gather data and prepare for trial.
Why This Matters: Context of the Lawsuit
23XI Racing and Front row Motorsports allege anti-competitive practices by NASCAR regarding the distribution of revenue and the negotiation of the 2025 Charter agreements. The core of the dispute revolves around the financial structure of the sport and the perceived imbalance of power between NASCAR and its team owners.
NASCAR initially indicated its intention to call Hendrick and Penske as witnesses at trial. This late disclosure prompted the teams to request depositions to avoid “unfair surprise” and ensure a fair trial process.
The Allegation of “Sandbagging”
The teams’ legal counsel, Jeffrey Kessler, accused NASCAR of deliberately delaying the disclosure of Hendrick and Penske as potential witnesses – a tactic referred to as “sandbagging.” The argument is that NASCAR was aware of their potential testimony but withheld this information until after the fact-finding phase had largely concluded.
The teams point to NASCAR’s prior subpoena of financial documents and information related to the 2025 Charter negotiations from both the Hendrick and Penske organizations as evidence that NASCAR knew of their involvement and knowledge of the relevant facts.
Timeline of Events
- November 15, 2023: NASCAR indicates intent to call Hendrick and Penske as witnesses.
- November 22, 2023: 23XI Racing and Front Row Motorsports file a motion requesting depositions of Hendrick and Penske.
- December 1, 2023: Trial is scheduled to begin.
key Players
| Name | Role |
|---|---|
| Rick Hendrick | Owner, Hendrick Motorsports |
| Roger Penske | Owner, Team Penske |
| Jeffrey Kessler | Lead Attorney, 23XI Racing & Front Row Motorsports |
| NASCAR | Defendant in the antitrust lawsuit |
| 23XI Racing | Plaintiff in the antitrust lawsuit |
| Front Row Motorsports | Plaintiff in the antitrust lawsuit |
Frequently Asked Questions
- What is a deposition?
- A deposition is a formal,out-of-court oral testimony taken under oath. It’s a key part of the discovery process in a lawsuit.
- What is “sandbagging” in a