The NBA legend Testifies He Felt No Fear of Nascar in Antitrust Trial

The basketball icon, as he cordially introduced himself in a Charlotte court on Friday, admitted that his drive to win and status as a newcomer emboldened his effort with 23XI Racing to “challenge” Nascar over alleged violations of competition laws.

Team Investment and a Will to Win

The owner disclosed operational insights of his 23XI team, saying he invested $40m of his own funds into the Cup Series operation launched with business partner Curtis Polk and driver Hamlin.

“Someone had to step forward,” Jordan said in the Charlotte courtroom. “I was a new person, 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 Core Dispute: Charter Agreements and Contract Pressure

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

Jordan testified for about sixty minutes and exited the courthouse to a media frenzy, with onlookers and reporters vying for a view or a photo of the sports legend.

Leading the Legal Charge

23XI Racing is leading the full-court press along with Front Row Motorsports for Nascar to change a operating model Jordan contended is breaking the law to keep two hands on the wheel.

At issue for Jordan and Heather Gibbs, who testified before Jordan, are events from last September. She recounted a hectic and tense six hours where the racing circuit informed teams they had to sign a charter agreement extension. This agreement consists of 112 pages detailing pay for chartered teams and a guaranteed entry in every race.

Choosing Litigation

Jordan explained that 23XI and Front Row Motorsports decided their sole viable path was to decline to sign that 112-page package and take the issue to court. The other 13 organizations agreed to the terms.

Jordan and co-owner Denny Hamlin approached Nascar about possible changes or extension options. Nascar refused to engage, according to his testimony.

The Ultimate Motivation: Winning

Ultimately, the resistance against what he saw as a unsustainable system was driven by the familiar goal for Jordan: Success.

“Denny convinced me getting a third driver improved our chances to win,” he testified, sharing that he purchased another franchise late in 2024 for $28 million amid the legal dispute. “So I took the plunge.”

Heather Gibbs’ Testimony

Gibbs described her push for indefinite franchises, which she said a written letter to Nascar. She said the pressure of the contract signing demand didn’t sit well.

According to her, the team founder first attempted to call and talk Nascar out of forcing signatures, but Nascar’s leader declined the request.

“Please don’t force this on us,” Gibbs recounted was the message to Nascar’s executives. The response was, “If I wake up and I have 20 charters, that’s what I have. If there are 30, I have 30.”