The NBA legend Testifies He Felt No Fear of Nascar in Antitrust Trial
The basketball icon, introducing himself formally in a Charlotte court on Friday, admitted that his competitive side and status as a newcomer emboldened his push for 23XI Racing to confront Nascar over alleged violations of antitrust rules.
Financial Stakes and a Competitive Drive
The owner disclosed operational insights of his 23XI team, revealing he invested $40m of his own funds into the Cup Series operation launched with business partner Curtis Polk and driver Hamlin.
“Someone had to step forward,” Jordan said during testimony. “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 required examination through a new lens.”
Central Issue: Franchise System and Contract Pressure
At issue is the expiration of a 2016 agreement where Nascar provided each team a “charter”. This system mirrors other professional sports with independent franchises, such as the Charlotte Hornets or the NFL’s Panthers. This deal was due to end 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 clamoring for a glimpse or a photo of the global icon.
Spearheading the Fight
23XI Racing 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.
For Jordan and and Heather Gibbs, who preceded Jordan, are details from last September. Gibbs described a frantic and emotional period where the racing circuit told teams they had to sign a contract extension. This agreement spanned 112 pages detailing team compensation and a guaranteed spot in every race.
Choosing Litigation
Jordan explained that 23XI and Front Row Motorsports concluded their only feasible option was to decline to sign that 112-page package and take the issue to court. The other 13 organizations agreed to the terms.
Jordan and co-owner Denny Hamlin approached Nascar about potential amendments or extension options. Nascar wasn’t talking, according to his testimony.
The Bottom Line: Winning
But in the end, the pushback against what he saw as a financially unsustainable model was driven by the familiar goal for Jordan: Winning.
“Hamlin persuaded me getting a third driver boosted our odds of winning,” he said, noting that he bought a third charter late in 2024 for $28 million amid the legal dispute. “So I took the plunge.”
Account from the Gibbs Family
Gibbs described her request for permanent charters, which she said a written letter to Nascar. She said the pressure of the signature deadline didn’t sit well.
According to her, Joe Gibbs first attempted to call and persuade Nascar against forcing signatures, but Nascar’s leader refused the appeal.
“Please don’t force this on us,” Gibbs recounted Joe Gibbs told Nascar’s leadership. The response was, “If I wake up and I have 20 charters, I have 20. If there are 30, I have 30.”