The NBA legend Testifies He ‘Wasn’t Afraid’ of the Racing Body in Antitrust Trial
The basketball icon, introducing himself formally in a Charlotte court on Friday, admitted that his competitive side and novelty within the sport emboldened his push for 23XI Racing to confront Nascar over alleged violations of competition laws.
Financial Stakes and a Competitive Drive
The owner disclosed financial and corporate details of his racing venture, revealing he put in $40 million of his own funds into the Nascar Cup series team co-founded with business partner Curtis Polk and longtime driver Denny Hamlin.
“Someone had to step forward,” Jordan said in the Charlotte courtroom. “I was a new person, I wasn’t afraid. I believed I could take on Nascar in its entirety. 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 expiration of a 2016 agreement where Nascar provided each team a “charter”. This system mirrors other major leagues with separately owned franchises, such as the Charlotte Hornets or the NFL’s Panthers. This deal was set to expire in 2024 when Nascar insisted on teams renew their charters.
Jordan was on the witness stand for an hour and left the court to a media frenzy, with onlookers and reporters clamoring for a view or a photo of the global icon.
Leading the Legal Charge
Jordan’s 23XI is at the forefront of the push along with Front Row Motorsports for Nascar to overhaul a business model Jordan contended is breaking the law to keep two hands on the wheel.
At issue for Jordan and a fellow team representative, who preceded Jordan, are details from last September. She recounted a hectic and tense six hours where the racing circuit told teams they had to sign a contract extension. This agreement spanned 112 pages outlining 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 decline to sign that extensive document and take the issue to court. All other teams agreed to the terms.
Jordan and co-owner Denny Hamlin reached out to Nascar about possible changes or extension options. Nascar wasn’t talking, according to his testimony.
The Bottom Line: Victory
Ultimately, the pushback against what he saw as a unsustainable system was driven by the familiar goal for Jordan: Winning.
“Denny convinced me getting a third driver improved our chances to win,” he testified, sharing that he bought a third charter last year for $28m despite the uncertainty. “So I dove in.”
Heather Gibbs’ Testimony
Heather Gibbs detailed her request for permanent charters, which she said a written letter to Nascar. She said the timing of the signature deadline didn’t sit well.
According to her, Joe Gibbs first tried to call and talk Nascar out of forcing signatures, but Nascar’s leader refused the appeal.
“Please don’t force this on us,” Heather Gibbs said was the message to Nascar’s executives. She said France replied, “If I wake up and I have 20 charters, I have 20. If I have 30, that’s the number.”