Denny Hamlin believes the declarations made by nine of the current Charter team owners and two former ones benefitted 23XI Racing and Front Row Motorsports more in its antitrust suit against NASCAR than they did the sanctioning body.

“Nothing (that was in them) surprised me,” Hamlin said. “I didn’t think it was super helpful for them (NASCAR). I thought that it was, truthfully, more helpful for us than it was for them. Obviously, as they said, they were asked to do it.”

The declarations were filed Friday in US District Court in Charlotte, North Carolina, as part of NASCAR’s request for summary judgement against 23XI Racing and Front Row Motorsports. In the document, NASCAR claims the antitrust suit is an assault on its Charter system.

During an August 28, 2025, hearing in federal court, US District Judge Kenneth D. Bell said that if 23XI Racing and Front Row Motorsports prevail in the December trial that there are a “whole host of equitable remedies” available to the Court.

“There’s likely to be sales of tracks,” Bell said. “There will be non-exclusivity provisions that will be erased. There will be noncompete provisions that will be erased. There will be changes to what use can be made of the cars. The whole charter system itself may be looked at. Even though nobody’s asked the Court to look at it, but the Court’s not limited to remedies suggested by the parties. And the charters are going to look different even if the charter system survives.

“But until the jury comes back and we start talking—and only if they find for the plaintiffs, and we start talking about equitable remedies, nobody knows what ’26 is going to look like. Sponsors don’t know, drivers don’t know, broadcasters don’t know. Because if plaintiffs (23XI Racing and Front Row Motorsports) prevail, NASCAR is going to look very different.

“And that’s a lot of uncertainty for everybody. If plaintiffs don’t prevail, everybody’s got certainty. Nothing about their business is going to change. But nobody knows that until sometime mid-December.”

Below are excerpts from some of the declarations.

Rick Hendrick, founder and majority owner of Hendrick Motorsports

“Shortly after Hendrick Motorsports signed it’s four Charters, I made remarks to members of the press that conveyed my perspective: I think we worked really hard for two years and it got down to, you’re not going to make everybody happy.

But in any negotiation, you’re not going to get everything you want, and so I felt it was a fair deal and we protected the Charters, which was number one, we got the revenue increase, I feel a lot of things we didn’t like we got taken out, so I’m happy with where we were.

“The Charter agreement is critical to the stability of the NASCAR ecosystem—the teams, the businesses that support us and NASCAR itself.”

“Undoing what we have collectively negotiated will not only result in immeasurable damage to our sport and our respective businesses, it will, most importantly, hurt the people and families that depend on us for their livelihoods.”

Roger Penske, founder and chairman, Penske Corporation

“I believe that the Charter system has been beneficial because it delivered on the race teams’ goal of creating long-term equity value.

“My belief in the value of the NASCAR Charter system is confirmed by the fact that, based on my experience with NASCAR’s Charter system since 2016, I decided to create a Charter-type system in IndyCar. In 2024, the NTT INDYCAR SERIES and all teams racing full time in IndyCar entered into a charter agreement effective for the 2025 season. The IndyCar Charter has some similarities to the NASCAR Charter and I believe has brought value to our series.

“Attempting to address team concerns with the cost to race in Cup Series races, NASCAR with feedbackfrom the teams, introduced what is called Next Gen car. Since the Next Gen car began racing in 2022, Team Penske’s Cup Series race car costs have been reduced due to a smaller number of race cars in the fleet and a lesser volume of parts replacements. In addition to cost efficiencies, the Next Gen car has enhanced on track racing for our team and certainly others.”

Joe Gibbs, founder and owner, Joe Gibbs Racing

“The most important thing to me is that this lawsuit is resolved amicably, quickly, and in a manner that preserves the Charter system and the long-term viability of our incredible sport. That must happen to ensure the health, happiness and prosperity of our many hundreds of employees and their families. Nothing matters more to me.”

Calvin Wells, chief executive officer, Legacy Motor Club

“Before the Charter system was implemented in 2016, NASCAR teams had no reliable mechanism to capture organizational value if sponsorship left or ownership stepped aside.

“The Charter system changed that equation, providing predictable cash flow, guaranteed race entries, governance rights, and, critically, a transferable business asset. The ability to sell both physical assets and charter rights has made team ownership significantly more sustainable.

“I also participated in the negotiation process leading up to the 2025 Charter Agreement. LEGACY MOTOR CLUB received and reviewed multiple drafts in late 2023, May 2024, August 2024, and September 2024. Our team provided comments and input, and while not all parties secured every objective, I believe the final agreement represents a viable, forward-looking framework for collaboration between NASCAR and its teams.”

Brad Keselowski, current NASCAR driver and co-owner, RFK Racing

“Although the teams did not get all they wanted in the Charter negotiations, the 2025 Charter reflects a compromise RFK Racing was ultimately willing to accept, and I believe it should contribute to growth in team equity values.”

“I was approached by a short-track series called Superstar Racing Experience (SRX) about driving in SRX races. I raced in the entire SRX series season (six races) in 2023 while continuing as a co-owner of, and driver for, a Cup Series team. NASCAR did not prohibit my participation in the SRX series.”

Gordon Smith, majority owner, Hyak Motorsports

“I believe that the 2025 Charter represents the best deal that HYAK Motorsports and the other participating teams were able to negotiate, and the stability and certainty afforded by the Charter system is a key and integral part of what enables us to have success. I have significant concerns about the current litigation given the uncertainty it brings and the detrimental effect it may have on the future of the sport.”

Richard Childress, founder and owner, Richard Childress Racing

“As a team owner for many decades, I believe in the concept of NASCAR’s Charter system. Given the challenging business model and economics that Cup Series team owners face, Charters are essential to creating enterprise value for teams. The Charter system has helped create long-term equity value and has allowed for team equity value to grow.”