Michael Jordan Testifies He ‘Wasn’t Afraid’ of Nascar in Antitrust Trial
The basketball icon, introducing himself formally in a Charlotte court on Friday, stated that his competitive side and novelty within the sport motivated his push for 23XI Racing to confront Nascar over alleged violations of competition laws.
Financial Stakes and a Will to Win
Jordan shared financial and corporate details of his racing venture, saying he put in $40m of his own funds into the Cup Series operation launched with business partner Curtis 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 felt I could challenge Nascar in its entirety. I felt as far as the sport required examination from a different view.”
The Core Dispute: Charter Agreements and Renewal Demands
The heart of the case involves the end of a 2016 deal where Nascar provided each team a “charter”. The concept is similar to other professional sports with separately owned franchises, such as the NBA’s Hornets or the Carolina Panthers. The agreement was due to end in 2024 when Nascar insisted on charter membership renewals.
Jordan was on the witness stand for about sixty minutes and exited the courthouse to pandemonium, with onlookers and reporters clamoring for a view or a photo of the global icon.
Spearheading the Fight
Jordan’s 23XI is leading the full-court press along with another racing team for Nascar to overhaul a operating model Jordan contended is breaking the law to maintain excessive control.
At issue for Jordan and Heather Gibbs, who testified before Jordan, are events from last September. Gibbs described a frantic and emotional period where the sanctioning body informed teams they must sign a contract extension. The document spanned 112 pages outlining pay for chartered teams and a guaranteed entry in every race.
A Refusal to Sign
Jordan explained that his team and its ally decided their only feasible option was to decline to sign that extensive document and litigate the matter. All other teams agreed to the terms.
The team owners approached Nascar about potential amendments or extension options. Nascar refused to engage, Jordan said.
The Ultimate Motivation: Victory
Ultimately, the resistance against what he saw as a financially unsustainable model was mostly about the familiar goal for Jordan: Winning.
“Denny convinced me getting a third driver improved our chances to win,” he testified, noting that he bought a third charter last year for $28m amid the legal dispute. “So I took the plunge.”
Heather Gibbs’ Testimony
Heather Gibbs detailed her push for indefinite franchises, submitted in a formal letter to Nascar. She testified the timing of the signature deadline was problematic.
According to her, the team founder first tried to call and talk Nascar out of 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, “Whether I have 20 charters, that’s what I have. If there are 30, I have 30.”