In the aftermath of a Charlotte federal judge ruling in favor of 23XI Racing and Front Row Motorsports on the market definition for the lawsuit against NASCAR, plus the dismissal of counterclaims the week before, the two teams have dropped the Section 1 Sherman Antitrust Act portion and will instead continue with its Section 2 claims.
Section 1 of the federal antitrust law prohibits agreements between two or more parties to unreasonably restrain trade, like NASCAR and International Speedway Corporation before the merger, while Section 2 prohibits unilateral conduct of monopolization, or attempts or conspiracy to monopolize.
