23XI Racing and Front Row Motorsports filed a motion Wednesday to dismiss NASCAR’s counterclaim while calling it “an act of desperation.”

NASCAR filed its counterclaim against the two teams and Curtis Polk, a co-owner of 23XI Racing, on March 5. The claim alleges Sherman Act violations and conspiracy.

“NASCAR’s retaliatory counterclaim is an act of desperation that cannot withstand a motion to dismiss,” the 23XI Racing and Front Row motion stated. “It does not allege the facts necessary to state a claim. Instead, NASCAR is using the counterclaim to engage in litigation gamesmanship, with the transparent objective of intimidating the other racing teams by threatening them with severe consequences if they support the Plaintiffs’ challenge to the unlawful NASCAR monopoly.