The NBA legend Tells Court He Felt No Fear of Nascar in Legal Battle
The basketball icon, as he cordially introduced himself in a federal courtroom on Friday, stated that his competitive side and status as a newcomer motivated his push for 23XI Racing to “challenge” Nascar over perceived violations of antitrust rules.
Financial Stakes and a Competitive Drive
Jordan shared operational insights of his racing venture, revealing he put in $40 million of his own funds into the Cup Series operation co-founded with business partner Curtis Polk and driver Hamlin.
“Someone had to step forward,” Jordan stated during testimony. “As a newcomer, I wasn’t afraid. I felt I could challenge Nascar in its entirety. I felt as far as the sport required examination through a new lens.”
Central Issue: Franchise System and Contract Pressure
At issue is the expiration of a 2016 deal where Nascar granted each team a franchise. The concept is similar to other professional sports with independent franchises, like the NBA’s Hornets or the Carolina Panthers. The agreement was set to expire in 2024 when Nascar demanded teams renew their charters.
Jordan was on the witness stand for about sixty minutes and left the court to pandemonium, with onlookers and reporters clamoring for a glimpse or a photo of the global icon.
Spearheading the Fight
Jordan’s 23XI is leading the full-court press along with another racing team for Nascar to overhaul a business model Jordan contended is breaking the law to maintain excessive control.
For Jordan and and Heather Gibbs, who testified before Jordan, are details from September 2024. She recounted a frantic and emotional six hours where the racing circuit informed teams they must sign a contract extension. The document spanned 112 pages detailing pay for chartered teams and a guaranteed entry in Nascar-sponsored races.
Choosing Litigation
Jordan explained that 23XI and Front Row Motorsports concluded their sole viable path was to decline to sign that extensive document 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 extension options. Nascar refused to engage, according to his testimony.
The Ultimate Motivation: Victory
Ultimately, the resistance against what he saw as a financially unsustainable model was mostly about the familiar goal for Jordan: Success.
“Hamlin persuaded me getting a third driver improved our chances to win,” he testified, noting that he bought a third charter last year for $28m amid the legal dispute. “So I took the plunge.”
Account from the Gibbs Family
Heather Gibbs detailed her request for permanent charters, submitted in a written letter to Nascar. She testified the pressure of the signature deadline didn’t sit well.
She said, Joe Gibbs first attempted to call and persuade Nascar against demanding signatures, but CEO Jim France refused the appeal.
“Don’t do this to us,” Gibbs recounted was the message to Nascar’s executives. She said France replied, “Whether I have 20 charters, I have 20. If I have 30, that’s the number.”