The NBA legend Testifies He ‘Wasn’t Afraid’ of Nascar in Legal Battle
The basketball icon, introducing himself formally in a federal courtroom on Friday, admitted that his competitive side and status as a newcomer motivated his effort with 23XI Racing to confront Nascar over perceived violations of antitrust rules.
Financial Stakes and a Will to Win
Jordan shared operational insights of his 23XI team, revealing he put in $40m of his personal wealth into the Nascar Cup series team co-founded with partner Polk and driver Hamlin.
“It fell to someone to act,” Jordan stated in the Charlotte courtroom. “I was a new person, I had no fear. 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.”
Central Issue: Charter Agreements and Renewal Demands
The heart of the case involves the expiration of a 2016 agreement where Nascar provided each team a “charter”. The concept is similar to other major leagues with separately owned franchises, like the NBA’s Hornets or the Carolina Panthers. The agreement was due to end in 2024 when Nascar insisted on teams renew their charters.
Jordan testified for an hour and exited the courthouse to pandemonium, with fans and media clamoring for a view or a picture of the global icon.
Leading the Legal Charge
Jordan’s 23XI is leading the full-court press along with Front Row Motorsports for Nascar to overhaul a business model Jordan said is unlawful to maintain excessive control.
At issue for Jordan and Heather Gibbs, who testified before Jordan, are details from September 2024. Gibbs described a frantic and emotional six hours where the sanctioning body told teams they must sign a charter agreement extension. The document consists of 112 pages detailing team compensation and a guaranteed entry in Nascar-sponsored races.
A Refusal to Sign
Jordan explained that his team and its ally concluded their sole viable path was to decline to sign that 112-page package and litigate the matter. The other 13 organizations signed the agreement.
Jordan and co-owner Denny Hamlin reached out to Nascar about potential amendments or negotiations. Nascar wasn’t talking, according to his testimony.
The Bottom Line: Winning
But in the end, the pushback against what he saw as a unsustainable system was mostly about the usual bottom line for Jordan: Winning.
“Hamlin persuaded me adding a third car boosted our odds of winning,” he testified, noting that he bought a third charter last year for $28 million despite the uncertainty. “So I dove in.”
Account from the Gibbs Family
Heather Gibbs detailed her request for permanent charters, submitted in a written letter to Nascar. She testified the pressure of the contract signing demand was problematic.
According to her, the team founder first tried to call and persuade Nascar against forcing signatures, but CEO Jim France refused the appeal.
“Don’t do this to us,” Heather Gibbs said was the message to Nascar’s leadership. She said France replied, “If I wake up and I have 20 charters, that’s what I have. If there are 30, I have 30.”