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 novelty within the sport emboldened his effort with 23XI Racing to confront Nascar over perceived violations of competition laws.

Financial Stakes and a Will to Win

The owner disclosed operational insights of his racing venture, revealing he invested $40m of his personal wealth 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 during testimony. “I was a new person, I wasn’t afraid. I believed I could take on Nascar as a whole. From my perspective, the sport required examination through a new lens.”

Central Issue: Franchise System and Renewal Demands

At issue is the expiration of a 2016 agreement where Nascar granted each team a “charter”. This system mirrors other major leagues with independent franchises, such as the NBA’s Hornets or the Carolina Panthers. This deal was due to end in 2024 when Nascar insisted on charter membership renewals.

Jordan testified for an hour and exited the courthouse to a media frenzy, with fans and media vying for a glimpse or a photo of the global icon.

Spearheading the Fight

Jordan’s 23XI is leading the full-court press along with another racing team for Nascar to overhaul a operating model Jordan said is breaking the law to keep two hands on the wheel.

For Jordan and and a fellow team representative, who testified before Jordan, are events from September 2024. Gibbs described a hectic and tense period where the sanctioning body told teams they must sign a charter agreement extension. The document consists of over a hundred pages detailing team compensation and a guaranteed spot in Nascar-sponsored races.

Choosing Litigation

Jordan explained that 23XI and Front Row Motorsports decided their sole viable path was to refuse a signature that 112-page package and take the issue to court. The other 13 organizations agreed to the terms.

The team owners approached Nascar about potential amendments or negotiations. Nascar wasn’t talking, Jordan said.

The Bottom Line: 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 improved our chances to win,” he testified, noting that he bought a third charter last year for $28m amid the legal dispute. “So I dove in.”

Account from the Gibbs Family

Gibbs described her push for indefinite franchises, submitted in a written letter to Nascar. She testified the pressure of the signature deadline was problematic.

According to her, Joe Gibbs first tried to call and talk Nascar out of demanding signatures, but CEO Jim France declined the request.

“Please don’t force this on us,” Gibbs recounted was the message to Nascar’s leadership. The response was, “If I wake up and I have 20 charters, that’s what I have. If there are 30, that’s the number.”