NASCAR settles federal antitrust case, gives all teams the permanent charters they wanted

CHARLOTTE, N.C. (AP) — Michael Jordan and NASCAR chairman Jim France stood side-by-side on the steps of a federal courthouse as if they were old friends following a stunning settlement Thursday of a bruising antitrust case in which the Basketball Hall of Famer was the lead plaintiff in a lawsuit accusing the top racing series in the United States of being a monopolistic bully.

The duo was flanked by three-time Daytona 500 Denny Hamlin and Curtis Polk, who co-own 23XI Racing with Jordan, Front Row Motorsports owner Bob Jenkins and over a dozen lawyers as they celebrated the end to an eight-day trial that ultimately led NASCAR to cave and grant all its teams the permanent charters they wanted.

“Like two competitors, obviously we tried to get as much done in each other’s favor,” Jordan said, towering over the 81-year-old France. “I’ve said this from Day 1: the only way this sport is going to grow is we have to find some synergy between the two entities. I think we’ve gotten to that point, unfortunately it took 16 months to get here, but I think level heads have gotten us to this point where we can actually work together and grow this sport. I am very proud about that and I think Jim feels the same.”

France concurred.

“I do feel the same and we can get back to focusing on what we really love, and that’s racing, and we spent a lot of time not really focused on that so much as we needed to be,” France said. “I feel like we made a very good decision here together and we have a big opportunity to continue growing the sport.”

A charter is the equivalent of the franchise model used in other sports and in NASCAR it guarantees 36 teams a spot in every top-level Cup Series race and a fixed portion of the revenue stream. The system was implemented in 2016 and teams have argued for over two years that the charters needed to be made permanent — they had been revokable by NASCAR — and the revenue sharing had to change.

NASCAR, founded and privately owned by the Florida-based France family, never considered making the charters permanent. Instead, after two-plus years of bitter negotiations, NASCAR in September 2024 presented a “take-it-or leave-it” final offer that gave teams until end of that day to sign the 112-page document.

23XI and Front Row refused and sued, while 13 other organizations signed but testimony in court revealed many did so “with a gun to our head” because the threat of losing the charters would have put them out of business.

Jordan testified early in the trial that as a new team owner to NASCAR — 23XI launched in 2021 — he felt he had the strength to challenge NASCAR. Eight days of testimony went badly for NASCAR, which when it began to present its case seemed focused more on mitigating damages than it did on proving it did not violate antitrust laws.

Although terms of the settlement were not released — NASCAR was in the process of scheduling a Thursday afternoon call with all teams to discuss the revenue-sharing model moving forward — both Jordan and NASCAR said that charters will now be permanent for all teams. 23XI and Front Row will receive their combined six charters back for 2026.

An economist has previously testified that NASCAR owes 23XI and Front Row $364.7 million in damages, and that NASCAR shorted 36 chartered teams $1.06 billion from 2021-24.

“Today’s a good day,” Jordan said from the front-row seat he's occupied since the trial began Dec. 1 as he waited for the settlement announcement.

U.S. District Judge Kenneth Bell, who had presided over two days of failed settlement talks before the trial began, echoed the sentiment. Bell told the jury that sometimes parties at trial have to see how the evidence unfolds to come to the wisdom of a settlement.

“I wish we could’ve done this a few months ago,” Bell said in court. “I believe this is great for NASCAR. Great for the future of NASCAR. Great for the entity of NASCAR. Great for the teams and ultimately great for the fans.”

The settlement came after two days of France testimony and the Wednesday night public release of a letter from Bass Pro Shops founder Johnny Morris calling for NASCAR Commissioner Steve Phelps to be removed.

The discovery process revealed internal NASCAR communications in which Phelps called Hall of Fame team owner Richard Childress a “redneck” and other derogatory names; Bass Pro sponsors Childress' teams, as well as some others, and Morris is an ardent NASCAR supporter.

Childress gave fiery testimony earlier this week over his reluctance to sign the charter agreement because it was so unfair to the teams, which have been bleeding money and begged NASCAR for concessions. Letters from Hall of Fame team owners Joe Gibbs, Rick Hendrick, Jack Roush and Roger Penske were introduced in which they pleaded with France for charters to become permanent; France testified he was not moved by the men he considers good friends.

Hendrick expressed gratitude that a settlement had been reached.

“Millions of loyal NASCAR fans and thousands of hardworking people rely on our industry, and today’s resolution allows all of us to focus on what truly matters – the future of our sport," he said. "This moment presents an important opportunity to strengthen our relationships and recommit ourselves to building a collaborative and prosperous future for all stakeholders. I’m incredibly optimistic about what’s ahead.”

The settlement came abruptly on the ninth day of the trial. Bell opened expecting to hear motions but both sides asked for a private conference in chambers. When they emerged, Bell ordered an hour-long break for the two sides to confer. That turned into two hours, all parties returned to the courtroom and Kessler announced an agreement had been reached.

“What all parties have always agreed on is a deep love for the sport and a desire to see it fulfill its full potential,” NASCAR and the plaintiffs said in a joint statement. “This is a landmark moment, one that ensures NASCAR’s foundation is stronger, its future is brighter and its possibilities are greater.”

AP auto racing: https://apnews.com/hub/auto-racing

In this image taken from video, Michael Jordan, center, speaks, Thursday, Dec. 11, 2025, outside the federal courthouse in Charlotte, N.C., after NASCAR settled an antitrust lawsuit with two auto racing teams, including one co-owned by Jordan (AP Photo/Jenna Fryer)

Michael Jordan, left, shakes hands with NASCAR attorney Lawrence Buterman as NASCAR chairman Jim France, center, looks away, Thursday, Dec. 11, 2025, outside the federal courthouse in Charlotte, N.C. (AP Photo/Jenna Fryer)

FILE - Denny Hamlin is introduced before a NASCAR Cup Series auto race Sunday, Nov. 2, 2025, in Avondale, Ariz. (AP Photo/Rick Scuteri, File)

FILE - Michael Jordan, co-owner of 23XI Racing, sits in his pit box during a NASCAR Cup Series auto race at Talladega Superspeedway, Sunday, Oct. 6, 2024, in Talladega, Ala. (AP Photo/ Butch Dill, File)

FILE - CEO and Chairman of NASCAR Jim France, right, along with the Executive Vice President of NASCAR Lesa Kennedy announce the Landmark Award to Edsel Ford II the Hall of Fame induction ceremony in Charlotte, N.C. Jan. 31, 2020. (AP Photo/Mike McCarn, File)

PROVO, Utah (AP) — The 22-year-old Utah man charged with killing Charlie Kirk made his first in-person court appearance Thursday as his attorneys push to further limit media access in the high-profile criminal case.

A Utah judge is weighing the public's right to know details in the prosecution of Tyler Robinson against his attorneys' concerns that the swarm of media attention could interfere with his right to a fair trial.

Robinson’s legal team and the Utah County Sheriff’s Office have asked Judge Tony Graf to ban cameras in the courtroom.

Prosecutors have charged Robinson with aggravated murder in the Sept. 10 shooting of the conservative activist on the Utah Valley University campus in Orem, just a few miles north of the Provo courthouse. They plan to seek the death penalty.

Robinson arrived in court with restraints on his wrists and ankles and wearing a dress shirt, tie and slacks. He smiled at family members sitting in the front row of the courtroom, where his mother teared up and wiped her eyes with a tissue. Robinson's father and brother sat next to her.

The defendant had previously appeared in court via video or audio feed from jail.

A coalition of national and local news organizations, including The Associated Press, is fighting to preserve media access in the case.

Graf has already made allowances to protect Robinson’s presumption of innocence before a trial, agreeing that the case has drawn “extraordinary” public attention.

Graf held a closed hearing on Oct. 24 in which attorneys discussed Robinson's courtroom attire and security protocols. Under a subsequent ruling by the judge, Robinson is allowed to wear street clothes in court during his pretrial hearings but must be physically restrained due to security concerns. Graf also prohibited media from filming or photographing Robinson's restraints after his attorneys argued widespread images of him shackled and in jail clothing could prejudice future jurors.

Several university students who witnessed Kirk’s assassination attended Thursday's hearing.

Zack Reese, a Utah Valley University student and “big Charlie Kirk fan,” said he had skepticism about Robinson’s arrest and came to the hearing seeking answers. Reese has family in southwestern Utah, where the Robinsons are from, and said he believes they're a good family.

Brigham Young University student William Brown, who said he was about 10 feet from Kirk when he was shot, said he felt overwhelmed seeing Robinson walk into the courtroom Thursday.

“I witnessed a huge event, and my brain is still trying to make sense of it,” Brown said. “I feel like being here helps it feel more real than surreal.”

Michael Judd, an attorney for the media coalition, has urged Graf to let the news organizations weigh in on any future requests for closed hearings or other limitations.

The media presence at Utah hearings is already limited, with judges often designating one photographer and one videographer to document a hearing and share their images with other news organizations. Additional journalists can typically attend to listen and take notes, as can members of the public.

Judd wrote in recent filings that an open court “safeguards the integrity of the fact-finding process” while fostering public confidence in judicial proceedings. Criminal cases in the U.S. have long been open to the public, which he argued is proof that trials can be conducted fairly without restricting reporters as they work to keep the public informed.

Kirk’s widow, Erika Kirk, has called for full transparency, saying, “We deserve to have cameras in there.” Her husband was an ally of President Donald Trump who worked to steer young voters toward conservatism.

Robinson's legal team says his pretrial publicity reaches as far as the White House, with Trump announcing soon after Robinson’s arrest, “With a high degree of certainty, we have him,” and “I hope he gets the death penalty.”

Attorney Kathy Nester has raised concern that digitally altered versions of Robinson's initial court photo have spread widely, creating misinformation about the case. Some altered images show Robinson crying or having an outburst in court, which did not happen.

Tyler Robinson, accused of the murder of Charlie Kirk, appears during a hearing in Fourth District Court in Provo, Thursday, Dec. 11, 2025. (Rick Egan/The Salt Lake Tribune via AP, Pool)

Tyler Robinson, accused of the murder of Charlie Kirk, appears during a hearing in Fourth District Court in Provo, Thursday, Dec. 11, 2025. (Rick Egan/The Salt Lake Tribune via AP, Pool)

Tyler Robinson, accused of the murder of Charlie Kirk, appears during a hearing in Fourth District Court in Provo, Thursday, Dec. 11, 2025. (Rick Egan/The Salt Lake Tribune via AP, Pool)

Tyler Robinson, accused of the murder of Charlie Kirk, appears during a hearing in Fourth District Court in Provo, Thursday, Dec. 11, 2025. (Rick Egan/The Salt Lake Tribune via AP, Pool)

FILE - Defense attorney Greg Skordas, left, speaks before Judge Tony Graf, background, in Provo, Utah, as Tyler Robinson, in monitor at right, accused of fatally shooting Charlie Kirk, attends the court hearing virtually from prison on Tuesday, Sept. 16, 2025. (Scott G Winterton/The Deseret News via AP, Pool, File)

FILE - A national flag hangs over the site where conservative activist Charlie Kirk was shot and killed, at Utah Valley University, Sept. 17, 2025, in Orem, Utah. (AP Photo/Jesse Bedayn, File)