The NBA legend Tells Court He ‘Wasn’t Afraid’ of the Racing Body in Antitrust Trial

The basketball icon, as he cordially introduced himself in a federal courtroom on Friday, stated that his drive to win and status as a newcomer motivated his push for 23XI Racing to confront Nascar over alleged violations of antitrust rules.

Financial Stakes and a Will to Win

The owner disclosed operational insights of his 23XI team, revealing he put in $40 million of his personal wealth into the Cup Series operation co-founded with business partner Curtis Polk and longtime driver Denny Hamlin.

“Someone had to step forward,” Jordan stated during testimony. “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 provided each team a franchise. This system mirrors other major leagues with separately owned franchises, such as the NBA’s Hornets or the Carolina 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 pandemonium, with fans and media vying for a glimpse or a photo of the global icon.

Leading the Legal Charge

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 testified before Jordan, are details from September 2024. She recounted a frantic and emotional period where the sanctioning body told teams they had to sign a charter agreement extension. The document consists of over a hundred pages detailing team compensation and a guaranteed spot in every race.

Choosing Litigation

Jordan said that 23XI and Front Row Motorsports decided their only feasible option was to decline to sign that 112-page package and litigate the matter. All other teams signed the agreement.

Jordan and co-owner Denny Hamlin reached out to Nascar about potential amendments or extension options. Nascar refused to engage, according to his testimony.

The Ultimate Motivation: Winning

Ultimately, the pushback against what he saw as a financially unsustainable model was driven by the familiar goal for Jordan: Winning.

“Denny convinced me getting a third driver boosted our odds of winning,” he said, noting that he bought a third charter last year for $28 million despite the uncertainty. “So I took the plunge.”

Account from the Gibbs Family

Heather Gibbs detailed her push for indefinite franchises, submitted in a formal letter to Nascar. She testified the pressure of the contract signing demand didn’t sit well.

She said, Joe Gibbs first attempted to call and talk Nascar out of demanding signatures, but CEO Jim France declined the request.

“Don’t do this to us,” Gibbs recounted Joe Gibbs told Nascar’s executives. The response was, “Whether I have 20 charters, I have 20. If there are 30, that’s the number.”