The NBA legend Testifies He Felt No Fear of Nascar in Antitrust Trial
The basketball icon, introducing himself formally in a federal courtroom on Friday, admitted that his competitive side and status as a newcomer emboldened his push for 23XI Racing to confront Nascar over alleged violations of antitrust rules.
Team Investment and a Competitive Drive
Jordan shared operational insights of his 23XI team, saying he put in $40m of his personal wealth into the Nascar Cup series team launched with business partner Curtis Polk and driver Hamlin.
“It fell to someone to act,” Jordan said during testimony. “As a newcomer, I wasn’t afraid. I believed I could take on 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
At issue is the expiration of a 2016 agreement where Nascar granted each team a “charter”. The concept is similar to other major leagues with separately owned franchises, such as the Charlotte Hornets or the Carolina Panthers. The agreement was due to end in 2024 when Nascar insisted on teams renew their charters.
Jordan testified for about sixty minutes and left the court to pandemonium, with fans and media vying for a view or a photo of the sports legend.
Leading the Legal Charge
Jordan’s 23XI is at the forefront of the push along with Front Row Motorsports for Nascar to overhaul a operating model Jordan said is unlawful to keep two hands on the wheel.
At issue for Jordan and a fellow team representative, who testified before Jordan, are details from September 2024. Gibbs described a hectic and tense period where the racing circuit informed teams they must sign a charter agreement extension. This agreement consists of over a hundred pages outlining pay for chartered teams and a guaranteed entry in every race.
A Refusal to Sign
Jordan explained that 23XI and Front Row Motorsports concluded their only feasible option was to decline to sign that extensive document and take the issue to court. The other 13 organizations signed the agreement.
Jordan and co-owner Denny Hamlin approached Nascar about possible changes or extension options. Nascar wasn’t talking, Jordan said.
The Bottom Line: Winning
But in the end, the pushback against what he saw as a unsustainable system was driven by the familiar goal for Jordan: Winning.
“Hamlin persuaded me adding a third car boosted our odds of winning,” he said, noting that he bought a third charter late in 2024 for $28m amid the legal dispute. “So I dove in.”
Account from the Gibbs Family
Gibbs described her request for permanent charters, submitted in a written letter to Nascar. She testified the timing of the contract signing demand was problematic.
According to her, Joe Gibbs first attempted to call and talk Nascar out of demanding signatures, but CEO Jim France refused the appeal.
“Please don’t force this on us,” Heather Gibbs said was the message to Nascar’s leadership. She said France replied, “Whether I have 20 charters, that’s what I have. If I have 30, that’s the number.”