The NBA legend Testifies He ‘Wasn’t Afraid’ of the Racing Body in Antitrust Trial
The basketball icon, introducing himself formally in a Charlotte court on Friday, admitted that his drive to win and novelty within the sport motivated his push for 23XI Racing to confront Nascar over alleged violations of competition laws.
Team Investment and a Competitive Drive
Jordan shared operational insights of his 23XI team, saying he put in $40m of his own funds into the Nascar Cup series team co-founded with business partner Curtis Polk and driver Hamlin.
“It fell to someone to act,” Jordan stated in the Charlotte courtroom. “As a newcomer, I wasn’t afraid. 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.”
The Core Dispute: Franchise System and Renewal Demands
At issue is the end of a 2016 agreement where Nascar provided each team a “charter”. This system mirrors other professional sports 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 testified for about sixty minutes and exited the courthouse to pandemonium, with onlookers and reporters vying for a glimpse or a photo of the sports legend.
Spearheading the Fight
23XI Racing is at the forefront of the push along with another racing team for Nascar to change a business model Jordan said is unlawful to maintain excessive control.
For Jordan and and Heather Gibbs, who testified before Jordan, are events from September 2024. Gibbs described a hectic and tense six hours where the sanctioning body told teams they must sign a charter agreement extension. This agreement consists of over a hundred pages detailing pay for chartered teams and a guaranteed entry in every race.
A Refusal to Sign
Jordan said that his team and its ally decided their only feasible option was to decline to sign that extensive document and litigate the matter. The other 13 organizations agreed to the terms.
The team owners approached Nascar about possible changes or negotiations. Nascar refused to engage, Jordan said.
The Ultimate Motivation: Victory
Ultimately, the pushback against what he saw as a financially unsustainable model was driven by the familiar goal for Jordan: Success.
“Denny convinced me getting a third driver improved our chances to win,” he said, sharing that he purchased another franchise late in 2024 for $28m amid the legal dispute. “So I dove in.”
Heather Gibbs’ Testimony
Heather Gibbs detailed her push for indefinite franchises, which she said a written letter to Nascar. She testified the timing of the signature deadline was problematic.
She said, Joe Gibbs first tried to call and persuade Nascar against demanding signatures, but CEO Jim France declined the request.
“Don’t do this to us,” Gibbs recounted Joe Gibbs told Nascar’s leadership. The response was, “Whether I have 20 charters, I have 20. If there are 30, that’s the number.”