The NBA legend Testifies He ‘Wasn’t Afraid’ of Nascar in Antitrust Trial
The basketball icon, as he cordially introduced himself in a Charlotte court on Friday, stated that his competitive side and novelty within the sport motivated his push for 23XI Racing to “challenge” Nascar over alleged violations of antitrust rules.
Financial Stakes and a Competitive Drive
Jordan shared operational insights of his 23XI team, revealing he put in $40 million of his own funds into the Cup Series operation launched with business partner Curtis Polk and longtime driver Denny Hamlin.
“It fell to someone to act,” Jordan stated in the Charlotte courtroom. “As a newcomer, I had no fear. I believed I could take on Nascar in its entirety. I felt as far as the sport required examination through a new lens.”
The Core Dispute: Franchise System and Contract Pressure
At issue is the end of a 2016 deal where Nascar provided each team a “charter”. This system mirrors other major leagues with independent franchises, like the Charlotte Hornets or the Carolina Panthers. This deal was set to expire in 2024 when Nascar insisted on teams renew their charters.
Jordan was on the witness stand for about sixty minutes and left the court to a media frenzy, with fans and media vying for a glimpse or a picture of the global icon.
Spearheading the Fight
Jordan’s 23XI is at the forefront of the push along with Front Row Motorsports for Nascar to overhaul a business model Jordan said is breaking the law to maintain excessive control.
At issue for Jordan and a fellow team representative, who testified before Jordan, are details from September 2024. Gibbs described a frantic and emotional six hours where the racing circuit told teams they must sign a contract extension. This agreement spanned 112 pages detailing team compensation and a guaranteed spot in every race.
Choosing Litigation
Jordan said that his team and its ally decided their sole viable path was to refuse a signature that extensive document and take the issue to court. The other 13 organizations signed the agreement.
Jordan and co-owner Denny Hamlin reached out to Nascar about possible changes or extension options. Nascar refused to engage, Jordan said.
The Bottom Line: Winning
But in the end, the pushback against what he saw as a unsustainable system was driven by the familiar goal for Jordan: Winning.
“Hamlin persuaded me adding a third car boosted our odds of winning,” he said, sharing that he bought a third charter late in 2024 for $28m amid the legal dispute. “So I took the plunge.”
Heather Gibbs’ Testimony
Heather Gibbs detailed her push for indefinite franchises, which she said a formal letter to Nascar. She said the timing of the signature deadline was problematic.
She said, the team founder first attempted to call and persuade Nascar against forcing signatures, but CEO Jim France declined the request.
“Please don’t force this on us,” Gibbs recounted Joe Gibbs told Nascar’s executives. She said France replied, “Whether I have 20 charters, that’s what I have. If there are 30, I have 30.”