Denny Hamlin testimony continues in NASCAR antitrust trial

CHARLOTTE, N.C. — Denny Hamlin is set to testify Tuesday in the NASCAR antitrust trial against Hamlin’s team and Front Row Motorsports.

Hamlin took the stand Monday after jury selection and opening arguments wrapped up. He spoke multiple times about how teams have to compete with NASCAR for sponsorship and how sponsorship has been a make-or-break factor for teams, not only for his 23XI Racing team to build their new Airspeed shop but also for teams like Germain Racing that folded after losing sponsorship.

Hamlin used Germain as a jumping off point for his claim that “only one side is going out of business,” stating 11 of the original 19 charter teams are now out of business.

Hamlin testified 23XI spends around $8 million a year for support from Joe Gibbs Racing that does the work of 100-150 people he’d have to hire otherwise. On controlling costs, he stated NASCAR’s decisions mean that fluctuates throughout the season and can even spike for international races.

Testimony also became personal. To get to know Hamlin, his attorneys asked about his season. Hamlin half-jokingly pleaded the Fifth before briefly elaborating on how the season ended.

“I was leading the championship with three laps to go. A caution came out. I lost,” Hamlin reportedly said.

When asked about what got him into NASCAR, Hamlin credited his dad but teared up, saying he’s “in bad health.”

NASCAR antitrust trial witness lists

Denny Hamlin is among a “who’s who” in NASCAR on the witness list for this trial. NASCAR and the two teams both included Hamlin, NASCAR’s Jim France, Brian Herbst, Lesa France Kennedy, Steve O’Donnell, Steve Phelps and Scott Prime on their witness lists, as well as Front Row owner Bob Jenkins, 23XI’s Michael Jordan and Curtis Polk; and the Race Team Alliance’s John Marshall.

The teams were unique in naming Richard Childress, Tim Frost, Heather Gibbs, Steve Newmark and Anthony Smith. They also named economics professors Daniel Rascher and Edward Snyder to counter NASCAR’s named professors – Kevin Murphy and Mark Zmijewski.

NASCAR named Tim Clark, Ben Kennedy, Greg Motto and John Probst from the company, ARCA’s Ron Drager, Front Row’s Jerry Freeze; owners Rick Hendrick and Roger Penske; RTA’s Rob Kauffman; 23XI’s Steve Lauletta, Legacy Motor Club’s Cal Wells, Gene Mason, sports media consultant Ed Desser and CPA Paul Meyer.

Both sides can cross-examine each other’s witnesses or call them to the stand as necessary for rebuttal.

After the first day, NASCAR issued their “key takeaways” from the day:

Here are three key takeaways from NASCAR’s perspective on Day 1 in court:

1. The teams asked NASCAR for the charter system, negotiated with NASCAR and agreed to all of its terms, including commitments to be all-in to grow the Cup Series. NASCAR kept its word to the teams, paying every dollar owed to teams over the course of nine years.

2. None of the allegedly anticompetitive conduct raised in the lawsuit and court today were raised during the two-plus years of negotiations which consisted of 70 meetings, correspondence and drafts of the 2025 charter agreement. In addition, 23XI’s September 6, 2024 letter to NASCAR explaining why it would not sign the 2025 charter said nothing about alleged anticompetitive conduct—and the same is true of Front Row’s letter to NASCAR explaining why it would not sign the 2025 charter agreement.

3. If the system is unfair, anticompetitive and below market, why did 23XI Racing buy a charter not once, not twice, but three times? And why did Front Row Motorsports buy, sell and lease its own charters multiple times? And why did they want them forever? Remember, teams received charters for free and they’re now worth over $45 million.

MORE: NASCAR antitrust lawsuit: What to know, history and legal analysis