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A federal judge denied Michael Jordan’s 23XI Racing team and one other team a preliminary injunction in their antitrust lawsuit against NASCAR on Friday.

23XI and Front Row Motorsports asked to continue to be recognized as chartered teams while they pursue legal action against NASCAR.

The two racing teams refused to sign a take-it-or-leave-it charter agreement presented to them in September, which the other 13 organizations racing in the Cup Series signed. Their lawsuit, filed in October, called NASCAR “monopolistic bullies” for its business practices and claimed the league put a “gun to our head” to get them to sign the next charter.

Denny Hamlin, who co-owns 23XI with Jordan, has said that team owners sought “roughly double” their current share of NASCAR’s revenue, which is set to skyrocket starting in 2025 thanks to a new $7.7 billion media rights deal.

The revenue distribution for the new charter has not been made public.

This week, in a court in Charlotte, N.C., an attorney representing the two teams argued that they should get to compete as chartered teams while they pursue their litigation despite not signing NASCAR’s agreement.

“Plaintiffs have not alleged that their business cannot survive without a preliminary injunction. Instead, they allege that their businesses may not survive without a preliminary injunction,” U.S. District Judge Frank Whitney said Friday, according to media reports.

23XI and Front Row Motorsports still can compete in 2025 as “open” teams, but without chartered protection, they aren’t guaranteed entry to certain races nor will they receive the benefits of revenue sharing.

23XI features driver Tyler Reddick, who enters this weekend in the Championship 4 — one of four drivers who can win the season-long Cup Series championship at Phoenix Raceway.

–Field Level Media