Attorney JoHanna Cox: “23XI & Front Row currently hold the edge”
The opening week of the blockbuster 23XI Racing/Front Row Motorsports antitrust lawsuit against NASCAR is in the books, and legal analyst JoHanna Cox believes the teams currently have the momentum — with one very large caveat.
Appearing on a special episode of the Let’s Go Racing podcast with Tyler Jones of NASCAR Roundtable and Dominic Aragon of TheRacingExperts.com, Albuquerque-based attorney and economist JoHanna Cox delivered a detailed assessment of where the case stands.
According to Cox, the plaintiffs – 23XI Racing and Front Row Motorsports – finished the week in a stronger position than NASCAR at the moment, though she was quick to add that this is almost entirely because only the teams’ side of the story has been presented so far.
NASCAR will begin its defense next week.
She explained that for the two teams to ultimately prevail, they must accomplish two main things: convincingly demonstrate that NASCAR holds monopoly power in the top level of American stock-car racing, and show clear evidence that NASCAR’s practices have caused measurable financial harm to their businesses.
Cox noted that the plaintiffs made significant progress on both of those points during week one.
When asked about historical comparisons, Cox pointed to the famous 1974 antitrust case brought by the U.S. government against AT&T, which eventually forced the breakup of the telecommunications giant into the regional “Baby Bells” a decade later.
She suggested the NASCAR case carries some of the same DNA and, if the jury rules against the sanctioning body, potential remedies could include forcing NASCAR to sell off some of its tracks, fundamentally restructure the charter system, or separate its roles as both racetrack owner and series operator.
Cox also highlighted that people across the sports industry are paying close attention.
Leagues such as Major League Baseball, which has long enjoyed a unique antitrust exemption, are particularly interested in how the jury defines the limits of acceptable league control over teams and competition.
Another topic that came up was Judge Kenneth D. Bell’s earlier frustration with both sides for failing to reach a settlement. Cox emphasized that, at this stage, the judge’s personal opinions no longer matter—the verdict will be decided entirely by the jurors, not the bench.
With NASCAR set to call its own witnesses starting Monday—including members of the France family—Cox expects the momentum could shift quickly once NASCAR finally gets a chance to tell its side.
The full conversation with JoHanna Cox is available now on the latest episode of Let’s Go Racing with Tyler Jones and Dominic Aragon—essential listening for anyone following this landmark case.