The NBA legend Testifies He ‘Wasn’t Afraid’ of Nascar in Antitrust Trial
Michael Jeffrey Jordan, as he cordially introduced himself in a federal courtroom on Friday, stated that his competitive side and novelty within the sport motivated his effort with 23XI Racing to “challenge” Nascar over alleged violations of competition laws.
Financial Stakes and a Competitive Drive
Jordan shared operational insights of his 23XI team, revealing he invested $40 million of his personal wealth into the Nascar Cup series team co-founded with partner Polk and longtime driver Denny Hamlin.
“It fell to someone to act,” Jordan said during testimony. “I was a new person, I wasn’t afraid. I believed I could take on 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 Contract Pressure
The heart of the case involves the expiration of a 2016 agreement where Nascar provided each team a “charter”. The concept is similar to other major leagues with separately owned franchises, such as the NBA’s Hornets or the NFL’s Panthers. This deal was due to end in 2024 when Nascar insisted on charter membership renewals.
Jordan was on the witness stand for an hour and left the court to pandemonium, with fans and media clamoring for a view or a photo of the sports legend.
Leading the Legal Charge
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 preceded Jordan, are events from September 2024. Gibbs described a hectic and tense six hours where the sanctioning body told teams they must sign a charter agreement extension. This agreement consists of 112 pages outlining pay for chartered teams and a guaranteed spot in every race.
Choosing Litigation
Jordan said that his team and its ally concluded their sole viable path was to refuse a signature that 112-page package and litigate the matter. The other 13 organizations signed the agreement.
Jordan and co-owner Denny Hamlin reached out to Nascar about potential amendments or extension options. Nascar refused to engage, according to his testimony.
The Bottom Line: Victory
Ultimately, the resistance against what he saw as a financially unsustainable model was mostly about the familiar goal for Jordan: Winning.
“Hamlin persuaded me adding a third car boosted our odds of winning,” he testified, sharing that he bought a third charter last year for $28 million despite the uncertainty. “So I took the plunge.”
Heather Gibbs’ Testimony
Heather Gibbs detailed her request for permanent charters, submitted in a formal letter to Nascar. She testified the pressure of the contract signing demand was problematic.
She said, the team founder first tried to call and persuade Nascar against demanding signatures, but CEO Jim France refused the appeal.
“Don’t do this to us,” Heather Gibbs said Joe Gibbs told Nascar’s leadership. She said France replied, “If I wake up and I have 20 charters, that’s what I have. If I have 30, I have 30.”