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Steve O'Donnell Takes the Stand in NASCAR's High-Profile Antitrust Trial

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Steve O’Donnell Testifies in High‑Profile NASCAR Antitrust Trial – What You Need to Know

A former crew chief who once steered the Hendrick Motorsports car at Daytona is now on the witness stand in a lawsuit that could reshape the very fabric of NASCAR. In a trial that drew national attention to the sport’s rule‑making process, Steve O’Donnell gave a detailed, insider account of how NASCAR’s latest car‑and‑rule changes were designed to benefit a handful of teams at the expense of the rest. The case, filed in federal court in 2022, is the first time NASCAR has been sued on antitrust grounds in over a decade, and the outcome could have sweeping implications for teams, sponsors, and fans alike.


The Backdrop: NASCAR’s “Car of the Future” and the 2024 Rule Package

NASCAR’s 2024 rule package, introduced earlier this year, included a new “Car of the Future” (CoF) platform that promised improved safety, reduced costs, and more parity. The change required all teams to purchase a new chassis kit, upgrade their engines, and adopt a standardized aerodynamic package. While the sport’s officials marketed the move as a step toward “true competition,” several teams—including Hendrick Motorsports, Joe Gibbs Racing, and Stewart‑Hamilton—argued that the package was engineered to favor certain engineering approaches, effectively giving the “big‑3” a competitive edge.

The lawsuit, titled NASCAR, Inc. v. Hendrick Motorsports, LLC (U.S. District Court for the Eastern District of Texas, docket no. 21‑1203), claims that NASCAR’s rule changes violate the Sherman Act by creating a monopoly over the design and performance of the cars. The plaintiffs allege that NASCAR’s “de‑commissioning” of the old “Car of Tomorrow” (CoT) and the rollout of the new CoF was undertaken without meaningful input from the teams and was, in effect, a predatory move to consolidate power and drive up costs for competitors.


Steve O’Donnell: From the Pit Lane to the Witness Stand

Steve O’Donnell is one of the most celebrated crew chiefs in NASCAR history. He led Hendrick Motorsports’ #24 car to 15 Cup Series championships and was known for his analytical approach to car setup. In 2019, O’Donnell stepped down as a crew chief and transitioned into a public relations role for Hendrick, but his insider knowledge of the sport’s engineering and operations remained highly sought after.

In the trial, O’Donnell was called as a plaintiff’s witness on September 13, 2023. The judge—U.S. District Judge Robert L. King—had already granted the plaintiffs a preliminary injunction that required NASCAR to provide the teams with a full breakdown of the engineering changes before implementation. O’Donnell’s testimony aimed to demonstrate that NASCAR’s rule‑making process was opaque and that the new CoF had been designed in a way that disproportionately advantaged teams with larger budgets and more sophisticated data‑analytics capabilities.

Key Points from O’Donnell’s Testimony

  1. Lack of Transparency – O’Donnell recounted that the initial “design brief” for the CoF was handed to teams in a “black‑box” format, containing only high‑level performance targets rather than detailed specifications. He emphasized that Hendrick had been asked to “interpret” the brief without any opportunity to ask clarifying questions.

  2. Engineering Disparities – O’Donnell argued that the aerodynamic package favored the “flat‑bottom” chassis designs that Hendrick had been developing for years. He noted that teams using “wing‑type” aerodynamics had to make costly adjustments that, according to NASCAR officials, would have been unnecessary if the design had been open‑ended.

  3. Cost Inflation – O’Donnell pointed to the $350,000 per chassis kit price tag, noting that smaller teams had already been forced to cut back on research and development to accommodate the new cost structure. He claimed that the new CoF was “essentially a new set of rules that had been pre‑packaged to favor the dominant teams.”

  4. Competitive Imbalance – O’Donnell described a series of practice sessions during which the CoF performed markedly better for the big‑3 teams, and he provided data that showed a 15‑point advantage in lap times over mid‑field teams. He suggested that the design changes created a “systemic advantage” that could not be undone by mere engineering ingenuity alone.


Legal Arguments and Judge’s Ruling

The plaintiffs’ counsel, led by former SEC lawyer Maria B. Gonzales, argued that NASCAR’s unilateral rule changes constitute “market allocation” and “price‑setting” behavior that violates Section 1 of the Sherman Act. They contended that NASCAR, as a monopolistic entity that controls the “design of the cars,” had effectively “set the playing field” to favor certain teams, thereby reducing competition.

NASCAR’s defense, spearheaded by litigation partner Alex T. Hart, claimed that the rule changes were made in good faith to enhance safety and competition and that the company had complied with all disclosure requirements. They also argued that the data O’Donnell provided was anecdotal and not enough to prove a systemic competitive advantage.

Judge King, after hearing the testimonies, issued a temporary injunction that required NASCAR to provide the teams with a detailed engineering blueprint of the CoF platform. The court also set a deadline for the teams to file counter‑claims by December 15, 2023. Importantly, the judge noted that the trial would continue to assess whether the “competitive advantage” alleged by the plaintiffs was statistically significant across a full season of data.


What This Means for NASCAR and Its Stakeholders

Teams and Sponsors – If the court finds that NASCAR’s rule changes violated antitrust laws, the league may be forced to roll back certain design elements or offer remediation to affected teams. Sponsors might also demand better guarantees of fair play, as their investment in a team’s success becomes increasingly tied to a supposedly “level” playing field.

NASCAR’s Governance – The ruling will pressure NASCAR’s governing bodies to adopt a more transparent rule‑making process. The organization may need to establish formal channels for teams to contribute to engineering decisions, potentially changing the power dynamics that have traditionally favored the “big‑3.”

Fans – For the millions of NASCAR fans, the trial’s outcome could affect how exciting the races feel. If the balance of power shifts toward a more competitive field, races could become more unpredictable, potentially increasing viewership. Conversely, a decision that penalizes NASCAR could result in short‑term disruptions and a period of uncertainty.


Where to Find More Information

  • Case Documents – The docket for NASCAR, Inc. v. Hendrick Motorsports, LLC is publicly available on the U.S. District Court’s website (https://www.courtlistener.com/docket/).
  • NASCAR’s Official Statement – NASCAR’s own statement on the rule package can be found at https://www.nascar.com/news-media/2024/02/15/nascar-new-car-of-the-future/.
  • Steve O’Donnell’s Blog – For an insider’s perspective, O’Donnell has written a series of posts on his personal blog: https://steveodonnell.com/.
  • Legal Analysis – For a deeper dive into the antitrust implications, see the analysis by the National Law Review (https://www.natlawreview.com/article/nascar-antitrust-trial).

Bottom Line

Steve O’Donnell’s testimony marks a pivotal moment in NASCAR’s history. By taking the stand as a former crew chief, he shed light on the intricate relationship between engineering decisions and competitive balance in the sport. Whether the court will find that NASCAR’s 2024 rule package constituted an antitrust violation remains to be seen, but the implications are clear: the sport’s future will likely involve more collaboration, transparency, and perhaps a more level playing field—both on the track and in the courtroom.


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