The NBA legend Testifies He ‘Wasn’t Afraid’ of Nascar in Antitrust Trial

The basketball icon, as he cordially introduced himself in a federal courtroom on Friday, stated that his drive to win and novelty within the sport motivated his effort with 23XI Racing to “challenge” Nascar over perceived violations of competition laws.

Team Investment and a Will to Win

Jordan shared operational insights of his 23XI team, saying he put in $40 million of his own funds into the Nascar Cup series team co-founded with partner Polk and driver Hamlin.

“Someone had to step forward,” Jordan said in the Charlotte courtroom. “As a newcomer, I had no fear. I believed I could take on Nascar in its entirety. From my perspective, the sport required examination through a new lens.”

The Core Dispute: Charter Agreements and Contract Pressure

The heart of the case involves the expiration of a 2016 deal where Nascar granted each team a franchise. This system mirrors other major leagues with separately owned franchises, like the Charlotte Hornets or the Carolina Panthers. This deal was due to end in 2024 when Nascar demanded teams renew their charters.

Jordan was on the witness stand for an hour and left the court to a media frenzy, with fans and media clamoring for a glimpse or a picture of the global icon.

Spearheading the Fight

23XI Racing is leading the full-court press along with Front Row Motorsports 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 events from September 2024. She recounted a frantic and emotional six hours where the sanctioning body told teams they must sign a contract extension. The document spanned 112 pages outlining pay for chartered teams and a guaranteed entry in every race.

A Refusal to Sign

Jordan said that his team and its ally concluded their only feasible option was to refuse a signature that 112-page package and litigate the matter. All other teams agreed to the terms.

Jordan and co-owner Denny Hamlin approached Nascar about possible changes or negotiations. Nascar wasn’t talking, Jordan said.

The Bottom Line: Winning

But in the end, the pushback against what he saw as a financially unsustainable model was mostly about the familiar goal for Jordan: Winning.

“Hamlin persuaded me adding a third car boosted our odds of winning,” he testified, noting that he bought a third charter late in 2024 for $28m despite the uncertainty. “So I took the plunge.”

Heather Gibbs’ Testimony

Heather Gibbs detailed her request for permanent charters, submitted in a written letter to Nascar. She said the pressure of the contract signing demand was problematic.

According to her, Joe Gibbs first attempted to call and persuade Nascar against demanding signatures, but Nascar’s leader declined the request.

“Don’t do this to us,” Heather Gibbs said was the message to Nascar’s executives. The response was, “Whether I have 20 charters, I have 20. If I have 30, I have 30.”
Corey Hartman
Corey Hartman

A digital artist and graphic designer specializing in vector illustration, with over a decade of experience in the creative industry.