The NBA legend Tells Court He ‘Wasn’t Afraid’ of Nascar in Antitrust Trial

The basketball icon, as he cordially introduced himself in a federal courtroom on Friday, admitted that his competitive side and status as a newcomer motivated his effort with 23XI Racing to “challenge” Nascar over alleged violations of antitrust rules.

Team Investment and a Will to Win

Jordan shared operational insights of his racing venture, revealing he invested $40m of his personal wealth into the Nascar Cup series team co-founded with business partner Curtis Polk and driver Hamlin.

“It fell to someone to act,” Jordan stated during testimony. “I was a new person, I had no fear. I believed I could take on Nascar as a whole. 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. This system mirrors other major leagues with separately owned franchises, like the Charlotte Hornets or the NFL’s Panthers. The agreement was set to expire in 2024 when Nascar insisted on charter membership renewals.

Jordan was on the witness stand for an hour and exited the courthouse to a media frenzy, with fans and media vying for a glimpse or a photo of the sports legend.

Spearheading the Fight

23XI Racing is at the forefront of the push along with Front Row Motorsports for Nascar to change a business model Jordan contended is breaking the law to maintain excessive control.

For Jordan and and a fellow team representative, who testified before Jordan, are details from last September. Gibbs described a frantic and emotional six hours where the racing circuit told teams they must sign a charter agreement extension. This agreement consists of over a hundred pages detailing team compensation and a guaranteed entry in Nascar-sponsored races.

Choosing Litigation

Jordan said that his team and its ally decided their only feasible option was to refuse a signature that 112-page package and litigate the matter. All other teams signed the agreement.

Jordan and co-owner Denny Hamlin reached out to Nascar about potential amendments or extension options. Nascar refused to engage, Jordan said.

The Ultimate Motivation: Victory

But in the end, the pushback against what he saw as a financially unsustainable model was mostly about the usual bottom line for Jordan: Success.

“Denny convinced me adding a third car improved our chances to win,” 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

Heather Gibbs detailed her push for indefinite franchises, submitted in a written letter to Nascar. She testified the pressure of the signature deadline was problematic.

According to her, Joe Gibbs first attempted to call and persuade Nascar against forcing 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 there are 30, I have 30.”
Andrew Moore
Andrew Moore

A financial journalist with over a decade of experience covering global markets and economic policy.