The NBA legend Testifies He ‘Wasn’t Afraid’ of the Racing Body in Antitrust Trial
The basketball icon, as he cordially introduced himself in a federal courtroom on Friday, admitted that his drive to win and status as a newcomer emboldened his push for 23XI Racing to “challenge” Nascar over alleged violations of antitrust rules.
Team Investment and a Will to Win
The owner disclosed operational insights of his racing venture, revealing he put in $40 million of his own funds into the Nascar Cup series team co-founded with business partner Curtis Polk and longtime driver Denny Hamlin.
“It fell to someone to act,” 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 it needed to be looked at from a different view.”
The Core Dispute: Charter Agreements and Renewal Demands
At issue is the end of a 2016 deal where Nascar provided each team a “charter”. The concept is similar to other professional sports with independent franchises, such as the Charlotte Hornets or the Carolina Panthers. The agreement was due to end in 2024 when Nascar insisted on charter membership renewals.
Jordan testified for about sixty minutes and exited the courthouse to pandemonium, with onlookers and reporters clamoring for a view or a picture of the sports legend.
Leading the Legal Charge
Jordan’s 23XI is leading the full-court press along with Front Row Motorsports for Nascar to change a business model Jordan said is breaking the law to keep two hands on the wheel.
For Jordan and and Heather Gibbs, who preceded Jordan, are events from last September. Gibbs described a hectic and tense six hours where the racing circuit told teams they must sign a contract extension. The document spanned over a hundred pages outlining team compensation and a guaranteed entry in Nascar-sponsored races.
A Refusal to Sign
Jordan said that 23XI and Front Row Motorsports concluded their only feasible option was to refuse a signature that extensive document and litigate the matter. All other teams signed the agreement.
Jordan and co-owner Denny Hamlin reached out to Nascar about possible changes or negotiations. Nascar refused to engage, according to his testimony.
The Ultimate Motivation: Victory
Ultimately, the pushback against what he saw as a financially unsustainable model was mostly about the familiar goal for Jordan: Winning.
“Hamlin persuaded me adding a third car 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
Gibbs described her request for permanent charters, which she said a written letter to Nascar. She said the timing of the contract signing demand didn’t sit well.
She said, the team founder first tried to call and talk Nascar out of demanding signatures, but CEO Jim France refused the appeal.
“Please don’t force this on us,” Heather Gibbs said Joe Gibbs told Nascar’s executives. She said France replied, “If I wake up and I have 20 charters, that’s what I have. If there are 30, that’s the number.”