The NBA legend Testifies He Felt No Fear of the Racing Body in Antitrust Trial
The basketball icon, as he cordially introduced himself in a federal courtroom on Friday, stated that his competitive side and novelty within the sport 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, saying he put in $40m of his personal wealth into the Nascar Cup series team launched with partner Polk and longtime driver Denny Hamlin.
“Someone had to step forward,” Jordan said during testimony. “I was a new person, I had no fear. I felt I could challenge Nascar as a whole. I felt as far as the sport required examination through a new lens.”
The Core Dispute: Franchise System and Contract Pressure
At issue is the end of a 2016 agreement where Nascar granted each team a franchise. This system mirrors other major leagues with separately owned franchises, like the NBA’s Hornets or the NFL’s Panthers. This deal was set to expire in 2024 when Nascar demanded teams renew their charters.
Jordan testified for about sixty minutes and exited the courthouse to pandemonium, with fans and media vying for a glimpse or a picture of the sports legend.
Spearheading the Fight
Jordan’s 23XI is leading the full-court press along with another racing team for Nascar to overhaul a business model Jordan contended is unlawful to maintain excessive control.
At issue for Jordan and a fellow team representative, who preceded Jordan, are details from last September. She recounted a frantic and emotional six hours where the racing circuit informed teams they had to sign a charter agreement extension. This agreement consists of over a hundred pages detailing pay for chartered teams and a guaranteed entry in Nascar-sponsored races.
A Refusal to Sign
Jordan said that 23XI and Front Row Motorsports concluded their sole viable path was to refuse a signature that 112-page package and take the issue to court. The other 13 organizations signed the agreement.
Jordan and co-owner Denny Hamlin reached out to Nascar about possible changes or negotiations. Nascar refused to engage, Jordan said.
The Ultimate Motivation: Winning
But in the end, the resistance against what he saw as a financially unsustainable model was driven by the usual bottom line for Jordan: Winning.
“Hamlin persuaded me getting a third driver improved our chances to win,” he said, noting that he purchased another franchise last year for $28 million despite the uncertainty. “So I took the plunge.”
Heather Gibbs’ Testimony
Heather Gibbs detailed her push for indefinite franchises, submitted in a written letter to Nascar. She testified the timing of the signature deadline was problematic.
According to her, Joe Gibbs first attempted to call and persuade Nascar against forcing signatures, but CEO Jim France refused the appeal.
“Please don’t force this on us,” Heather Gibbs said was the message to 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, I have 30.”