The NBA legend Testifies He ‘Wasn’t Afraid’ of Nascar in Antitrust Trial
The basketball icon, introducing himself formally in a federal courtroom on Friday, stated that his drive to win and status as a newcomer emboldened his effort with 23XI Racing to “challenge” Nascar over alleged violations of antitrust rules.
Financial Stakes and a Will to Win
The owner disclosed financial and corporate details of his 23XI team, revealing he invested $40 million of his personal wealth into the Nascar Cup series team launched with business partner Curtis Polk and longtime driver Denny Hamlin.
“Someone had to step forward,” Jordan stated during testimony. “As a newcomer, I wasn’t afraid. I felt I could challenge Nascar as a whole. I felt as far as the sport it needed to be looked at from a different view.”
Central Issue: Charter Agreements and Renewal Demands
The heart of the case involves the expiration of a 2016 deal where Nascar granted each team a franchise. 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 demanded teams renew their charters.
Jordan was on the witness stand for about sixty minutes and exited the courthouse to pandemonium, with fans and media clamoring for a view or a picture of the sports legend.
Spearheading the Fight
Jordan’s 23XI is leading the full-court press along with another racing team for Nascar to overhaul a operating model Jordan said is unlawful to keep two hands on the wheel.
For Jordan and and a fellow team representative, who testified before Jordan, are events 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 spanned 112 pages outlining pay for chartered teams and a guaranteed entry in Nascar-sponsored races.
Choosing Litigation
Jordan said that his team and its ally decided their only feasible option was to decline to sign that extensive document and take the issue to court. All other teams signed the agreement.
The team owners reached out to Nascar about possible changes or extension options. Nascar refused to engage, Jordan said.
The Ultimate Motivation: Winning
Ultimately, the resistance against what he saw as a unsustainable system was mostly about the familiar goal for Jordan: Winning.
“Denny convinced me getting a third driver boosted our odds of winning,” he said, sharing that he purchased another franchise late in 2024 for $28 million amid the legal dispute. “So I dove in.”
Heather Gibbs’ Testimony
Heather Gibbs detailed her request for permanent charters, which she said a formal letter to Nascar. She said the pressure of the signature deadline 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 Joe Gibbs told Nascar’s executives. The response was, “Whether I have 20 charters, that’s what I have. If there are 30, that’s the number.”