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 status as a newcomer emboldened his effort with 23XI Racing to confront Nascar over alleged violations of antitrust rules.
Financial Stakes and a Will to Win
Jordan shared financial and corporate details of his 23XI team, saying he put in $40m of his own funds into the Cup Series operation co-founded with business partner Curtis Polk and driver Hamlin.
“Someone had to step forward,” Jordan said in the Charlotte courtroom. “I was a new person, I had no fear. I felt I could challenge Nascar as a whole. From my perspective, the sport it needed to be looked at through a new lens.”
The Core Dispute: Franchise System and Contract Pressure
The heart of the case involves the end of a 2016 agreement where Nascar granted each team a “charter”. This system mirrors other professional sports with independent franchises, like the NBA’s Hornets or the Carolina Panthers. The agreement was due to end in 2024 when Nascar insisted on charter membership renewals.
Jordan was on the witness stand for an hour and exited the courthouse to a media frenzy, with fans and media clamoring for a glimpse 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 business model Jordan contended is breaking the law to maintain excessive control.
For Jordan and and a fellow team representative, who testified before Jordan, are events from September 2024. She recounted a hectic and tense six hours where the racing circuit informed teams they had to sign a contract extension. The document consists of 112 pages detailing team compensation and a guaranteed entry in Nascar-sponsored races.
Choosing Litigation
Jordan said that 23XI and Front Row Motorsports decided their only feasible option was to refuse a signature that 112-page package and litigate the matter. All other teams signed the agreement.
The team owners approached Nascar about potential amendments or negotiations. Nascar refused to engage, Jordan said.
The Ultimate Motivation: Victory
But in the end, the resistance against what he saw as a financially unsustainable model was mostly about the familiar goal for Jordan: Success.
“Hamlin persuaded me getting a third driver boosted our odds of winning,” he said, sharing that he purchased another franchise late in 2024 for $28 million amid the legal dispute. “So I dove in.”
Account from the Gibbs Family
Gibbs described her request for permanent charters, submitted in a written letter to Nascar. She testified the pressure of the contract signing demand didn’t sit well.
According to her, Joe Gibbs first tried to call and persuade Nascar against forcing signatures, but CEO Jim France refused the appeal.
“Please don’t force this on us,” Gibbs recounted was the message to Nascar’s executives. The response was, “If I wake up and I have 20 charters, that’s what I have. If there are 30, I have 30.”