The basketball icon, introducing himself formally in a federal courtroom on Friday, admitted that his drive to win and novelty within the sport emboldened his effort with 23XI Racing to “challenge” Nascar over perceived violations of antitrust rules.
Jordan shared financial and corporate details of his racing venture, revealing he invested $40m of his personal wealth into the Cup Series operation launched with partner Polk and driver Hamlin.
“Someone had to step forward,” Jordan stated in the Charlotte courtroom. “As a newcomer, I wasn’t afraid. I believed I could take on Nascar as a whole. I felt as far as the sport required examination through a new lens.”
The heart of the case involves the end of a 2016 deal where Nascar granted each team a franchise. This system mirrors other professional sports with separately owned franchises, like the NBA’s Hornets or the NFL’s Panthers. The agreement was due to end in 2024 when Nascar insisted on charter membership renewals.
Jordan was on the witness stand for an hour and exited the courthouse to pandemonium, with onlookers and reporters vying for a view or a photo of the global icon.
23XI Racing is at the forefront of the push along with another racing team for Nascar to change a operating model Jordan contended is breaking the law to maintain excessive control.
At issue for Jordan and a fellow team representative, who preceded Jordan, are details from September 2024. Gibbs described a frantic and emotional six hours where the racing circuit informed teams they must sign a charter agreement extension. This agreement spanned 112 pages outlining pay for chartered teams and a guaranteed entry in Nascar-sponsored races.
Jordan explained that his team and its ally 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.
The team owners approached Nascar about possible changes or negotiations. Nascar refused to engage, according to his testimony.
But in the end, the resistance against what he saw as a financially unsustainable model was driven by the familiar goal for Jordan: Winning.
“Denny convinced me getting a third driver boosted our odds of winning,” he said, noting 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, submitted in a formal letter to Nascar. She testified the pressure of the signature deadline was problematic.
She said, the team founder first tried 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.”
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