The NBA legend Testifies He ‘Wasn’t Afraid’ of the Racing Body in Antitrust Trial

The basketball icon, introducing himself formally in a federal courtroom on Friday, stated that his competitive side and status as a newcomer motivated his effort with 23XI Racing to confront Nascar over perceived violations of antitrust rules.

Team Investment and a Will to Win

Jordan shared operational insights of his 23XI team, revealing he invested $40m of his own funds into the Cup Series operation launched with partner Polk and longtime driver Denny Hamlin.

“It fell to someone to act,” Jordan said during testimony. “I was a new person, I had no fear. I felt I could challenge Nascar as a whole. From my perspective, the sport required examination from a different view.”

Central Issue: Charter Agreements and Renewal Demands

The heart of the case involves the expiration of a 2016 agreement where Nascar granted each team a franchise. The concept is similar to other professional sports with independent franchises, such as the Charlotte Hornets or the NFL’s Panthers. This deal was due to end in 2024 when Nascar demanded charter membership renewals.

Jordan was on the witness stand for an hour and left the court to a media frenzy, with onlookers and reporters vying for a view or a photo of the global icon.

Leading the Legal Charge

Jordan’s 23XI is leading the full-court press along with another racing team for Nascar to overhaul 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 events from last September. Gibbs described a frantic and emotional period where the racing circuit told teams they had to sign a charter agreement extension. This agreement spanned over a hundred pages outlining team compensation and a guaranteed entry in Nascar-sponsored races.

A Refusal to Sign

Jordan explained that his team and its ally concluded their only feasible option was to refuse a signature that 112-page package and litigate the matter. All other teams agreed to the terms.

The team owners reached out to Nascar about potential amendments or negotiations. Nascar refused to engage, Jordan said.

The Ultimate Motivation: Winning

But in the end, the resistance 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 improved our chances to win,” he testified, noting that he purchased another franchise late in 2024 for $28 million despite the uncertainty. “So I took the plunge.”

Account from the Gibbs Family

Gibbs described her push for indefinite franchises, submitted in a formal letter to Nascar. She said the pressure of the signature deadline was problematic.

She said, Joe Gibbs first attempted to call and persuade Nascar against 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.”
Michael Thomas
Michael Thomas

A tech journalist and innovation strategist with over a decade of experience covering emerging technologies and their impact on global markets.