The NBA legend Testifies He ‘Wasn’t Afraid’ of Nascar in Antitrust Trial
The basketball icon, introducing himself formally in a federal courtroom on Friday, admitted that his drive to win and status as a newcomer motivated his push for 23XI Racing to “challenge” Nascar over perceived violations of antitrust rules.
Financial Stakes and a Competitive Drive
Jordan shared financial and corporate details of his 23XI team, revealing he put in $40m of his personal wealth into the Nascar Cup series team launched with partner Polk and longtime driver Denny Hamlin.
“It fell to someone to act,” Jordan said in the Charlotte courtroom. “As a newcomer, I had no fear. I felt I could challenge Nascar in its entirety. I felt as far as the sport required examination from a different view.”
Central Issue: Charter Agreements and Contract Pressure
The heart of the case involves the expiration of a 2016 agreement where Nascar provided each team a franchise. This system mirrors other professional sports with separately owned franchises, such as the NBA’s Hornets or the NFL’s Panthers. The agreement was due to end in 2024 when Nascar demanded teams renew their charters.
Jordan testified for about sixty minutes and left the court to a media frenzy, with onlookers and reporters clamoring for a glimpse or a picture of the global icon.
Spearheading the Fight
Jordan’s 23XI is leading the full-court press along with another racing team for Nascar to change a business model Jordan said is breaking the law to maintain excessive control.
At issue for Jordan and a fellow team representative, who preceded Jordan, are details from September 2024. Gibbs described a frantic and emotional period where the sanctioning body told teams they had to sign a charter agreement extension. This agreement spanned over a hundred pages outlining team compensation and a guaranteed spot in every race.
Choosing Litigation
Jordan explained that his team and its ally decided their only feasible option was to refuse a signature that 112-page package and take the issue to court. All other teams signed the agreement.
The team owners approached Nascar about potential amendments or extension options. Nascar refused to engage, Jordan said.
The Ultimate Motivation: Winning
Ultimately, the resistance against what he saw as a unsustainable system was driven by the usual bottom line for Jordan: Success.
“Denny convinced me getting a third driver improved our chances to win,” he said, noting that he purchased another franchise late in 2024 for $28m amid the legal dispute. “So I dove in.”
Account from the Gibbs Family
Heather Gibbs detailed her request for permanent charters, which she said a formal letter to Nascar. She said the timing of the contract signing demand didn’t sit well.
She said, the team founder first attempted to call and talk Nascar out of demanding signatures, but Nascar’s leader refused the appeal.
“Don’t do this to us,” Heather Gibbs said Joe Gibbs told Nascar’s leadership. The response was, “Whether I have 20 charters, I have 20. If there are 30, that’s the number.”