The NBA legend Tells Court He ‘Wasn’t Afraid’ of the Racing Body in Antitrust Trial
The basketball icon, as he cordially introduced himself in a federal courtroom on Friday, admitted that his drive to win and novelty within the sport motivated his effort with 23XI Racing to “challenge” Nascar over alleged violations of antitrust rules.
Team Investment and a Will to Win
Jordan shared operational insights of his 23XI team, revealing he put in $40m of his personal wealth into the Nascar Cup series team co-founded with business partner Curtis Polk and driver Hamlin.
“Someone had to step forward,” Jordan stated in the Charlotte courtroom. “I was a new person, I had no fear. I believed I could take on Nascar as a whole. I felt as far as the sport it needed to be looked at from a different view.”
The Core Dispute: Franchise System and Contract Pressure
At issue is the end of a 2016 agreement where Nascar provided each team a “charter”. This system mirrors other professional sports with independent franchises, like the NBA’s Hornets or the NFL’s Panthers. The agreement was set to expire in 2024 when Nascar insisted on teams renew their charters.
Jordan was on the witness stand for an hour and exited the courthouse to pandemonium, with onlookers and reporters vying for a view or a photo of the global icon.
Leading the Legal Charge
Jordan’s 23XI is leading the full-court press along with another racing team for Nascar to change a operating model Jordan contended is unlawful to maintain excessive control.
For Jordan and and Heather Gibbs, who testified before Jordan, are details from last September. She recounted a hectic and tense period where the racing circuit informed teams they must sign a charter agreement extension. This agreement spanned 112 pages outlining team compensation and a guaranteed spot in Nascar-sponsored races.
A Refusal to Sign
Jordan said that 23XI and Front Row Motorsports concluded their sole viable path was to refuse a signature that 112-page package and take the issue to court. All other teams signed the agreement.
Jordan and co-owner Denny Hamlin approached Nascar about potential amendments or negotiations. Nascar refused to engage, according to his testimony.
The Bottom Line: Winning
Ultimately, the pushback against what he saw as a unsustainable system was driven by the usual bottom line for Jordan: Winning.
“Denny convinced me adding a third car improved our chances to win,” he said, sharing that he purchased another franchise late in 2024 for $28m amid the legal dispute. “So I dove in.”
Heather Gibbs’ Testimony
Gibbs described her request for permanent charters, submitted in a formal letter to Nascar. She said the timing of the contract signing demand was problematic.
She said, the team founder first attempted to call and talk Nascar out of demanding signatures, but Nascar’s leader refused the appeal.
“Please don’t force this on us,” Gibbs recounted Joe Gibbs told Nascar’s executives. She said France replied, “Whether I have 20 charters, I have 20. If I have 30, I have 30.”