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 push for 23XI Racing to “challenge” Nascar over alleged violations of antitrust rules.
Team Investment and a Will to Win
Jordan shared operational insights of his racing venture, revealing he put in $40m of his personal wealth into the Cup Series operation co-founded with business partner Curtis Polk and driver Hamlin.
“It fell to someone to act,” Jordan said in the Charlotte courtroom. “I was a new person, I had no fear. I believed I could take on Nascar as a whole. I felt as far as the sport required examination from a different view.”
The Core Dispute: Franchise System and Renewal Demands
The heart of the case involves the end of a 2016 agreement where Nascar granted each team a franchise. The concept is similar to other major leagues with separately owned franchises, such as the NBA’s Hornets or the NFL’s Panthers. The agreement was set to expire in 2024 when Nascar insisted on charter membership renewals.
Jordan was on the witness stand for an hour and left the court to a media frenzy, with fans and media vying for a glimpse or a photo of the sports legend.
Leading the Legal Charge
23XI Racing is at the forefront of the push along with another racing team for Nascar to overhaul a operating model Jordan said is breaking the law to keep two hands on the wheel.
For Jordan and and Heather Gibbs, who testified before Jordan, are details from last September. Gibbs described a hectic and tense period where the sanctioning body informed teams they had to sign a contract extension. The document spanned 112 pages outlining pay for chartered teams and a guaranteed spot in Nascar-sponsored races.
Choosing Litigation
Jordan explained that his team and its ally concluded their sole viable path was to decline to sign that 112-page package and take the issue to court. All other teams agreed to the terms.
Jordan and co-owner Denny Hamlin approached Nascar about possible changes or extension options. Nascar refused to engage, according to his testimony.
The Ultimate Motivation: Victory
But in the end, the pushback against what he saw as a financially unsustainable model was driven by the usual bottom line for Jordan: Winning.
“Denny convinced me getting a third driver improved our chances to win,” he said, sharing 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 push for indefinite franchises, submitted in a formal letter to Nascar. She said the timing of the signature deadline didn’t sit well.
According to her, the team founder first tried to call and talk Nascar out of demanding signatures, but Nascar’s leader refused the appeal.
“Please don’t force this on us,” Gibbs recounted was the message to Nascar’s leadership. The response was, “If I wake up and I have 20 charters, that’s what I have. If there are 30, that’s the number.”