The basketball icon, as he cordially introduced himself in a Charlotte court on Friday, admitted that his competitive side and novelty within the sport emboldened his effort with 23XI Racing to “challenge” Nascar over perceived violations of antitrust rules.
Jordan shared operational insights of his racing venture, revealing he invested $40m of his personal wealth into the Cup Series operation co-founded with business partner Curtis Polk and longtime driver Denny Hamlin.
“Someone had to step forward,” Jordan said during testimony. “As a newcomer, I wasn’t afraid. I felt I could challenge Nascar in its entirety. From my perspective, the sport required examination through a new lens.”
The heart of the case involves the expiration of a 2016 agreement 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 NFL’s Panthers. The agreement was set to expire in 2024 when Nascar insisted on teams renew their charters.
Jordan testified for about sixty minutes and left the court to a media frenzy, with fans and media clamoring for a view or a photo of the sports legend.
23XI Racing is at the forefront of the push along with Front Row Motorsports for Nascar to change a operating model Jordan contended is unlawful to maintain excessive control.
For Jordan and and a fellow team representative, who testified before Jordan, are events from September 2024. She recounted a hectic and tense six hours where the sanctioning body informed teams they had to sign a charter agreement extension. This agreement consists of over a hundred pages outlining team compensation and a guaranteed entry in Nascar-sponsored races.
Jordan said that his team and its ally decided their only feasible option was to refuse a signature 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 negotiations. Nascar wasn’t talking, Jordan said.
Ultimately, the pushback against what he saw as a unsustainable system was mostly about the familiar goal for Jordan: Success.
“Hamlin persuaded me adding a third car boosted our odds of winning,” he said, sharing that he bought a third charter late in 2024 for $28m amid the legal dispute. “So I took the plunge.”
Gibbs described her request for permanent charters, which she said a written letter to Nascar. She said the pressure of the signature deadline was problematic.
According to her, Joe Gibbs first tried to call and talk Nascar out of demanding signatures, but Nascar’s leader declined the request.
“Please don’t force this on us,” Heather Gibbs said Joe Gibbs told Nascar’s leadership. She said France replied, “Whether I have 20 charters, that’s what I have. If I have 30, I have 30.”
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