The NBA legend Testifies He ‘Wasn’t Afraid’ of Nascar in Legal Battle
The basketball icon, as he cordially introduced himself in a Charlotte court on Friday, admitted 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 Competitive Drive
The owner disclosed operational insights of his racing venture, saying he invested $40 million of his own funds into the Nascar Cup series team launched with business partner Curtis Polk and driver Hamlin.
“It fell to someone to act,” Jordan said in the Charlotte courtroom. “As a newcomer, I wasn’t afraid. I felt I could challenge Nascar in its entirety. From my perspective, the sport it needed to be looked at from a different view.”
Central Issue: Franchise System and Contract Pressure
At issue is the end of a 2016 deal where Nascar provided each team a franchise. The concept is similar to other professional sports with independent franchises, such as the NBA’s Hornets or the Carolina Panthers. This deal was due to end in 2024 when Nascar demanded charter membership renewals.
Jordan was on the witness stand for about sixty minutes and left the court to pandemonium, with fans and media vying for a glimpse or a picture of the sports legend.
Spearheading the Fight
Jordan’s 23XI is at the forefront of the push along with another racing team for Nascar to change a operating model Jordan contended is unlawful to maintain excessive control.
At issue for Jordan and a fellow team representative, who testified before Jordan, are details from last September. She recounted a frantic and emotional period 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 spot in Nascar-sponsored races.
Choosing Litigation
Jordan explained that his team and its ally decided their sole viable path was to decline to sign that 112-page package and litigate the matter. The other 13 organizations agreed to the terms.
Jordan and co-owner Denny Hamlin reached out to Nascar about possible changes or negotiations. Nascar wasn’t talking, according to his testimony.
The Ultimate Motivation: Winning
Ultimately, the pushback against what he saw as a financially unsustainable model was driven by the usual bottom line for Jordan: Success.
“Hamlin persuaded me adding a third car boosted our odds of winning,” he testified, 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 push for indefinite franchises, submitted in a written letter to Nascar. She testified the timing of the contract signing demand was problematic.
She said, the team founder first tried to call and persuade Nascar against forcing signatures, but Nascar’s leader declined the request.
“Don’t do this to us,” Heather Gibbs said Joe Gibbs told Nascar’s executives. The response was, “Whether I have 20 charters, I have 20. If I have 30, that’s the number.”