Michael Jordan Testifies He Felt No Fear 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 effort with 23XI Racing to confront Nascar over perceived violations of competition laws.
Financial Stakes and a Will to Win
Jordan shared operational insights of his racing venture, saying he invested $40m of his own funds into the Nascar Cup series team launched with partner Polk and driver Hamlin.
“It fell to someone to act,” Jordan said during testimony. “As a newcomer, I wasn’t afraid. I believed I could take on Nascar as a whole. From my perspective, the sport it needed to be looked at through a new lens.”
The Core Dispute: Charter Agreements and Renewal Demands
At issue is the end of a 2016 agreement where Nascar granted each team a “charter”. This system mirrors other major leagues with independent franchises, such as the Charlotte Hornets or the NFL’s Panthers. The agreement was due to end in 2024 when Nascar demanded charter membership renewals.
Jordan was on the witness stand for an hour and left the court to a media frenzy, with onlookers and reporters clamoring for a view or a picture of the sports legend.
Leading the Legal Charge
23XI Racing is at the forefront of the push along with another racing team for Nascar to overhaul a business model Jordan said is unlawful to maintain excessive control.
At issue for Jordan and a fellow team representative, who preceded Jordan, are events from last September. Gibbs described 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 spot in every race.
Choosing Litigation
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. All other teams signed the agreement.
Jordan and co-owner Denny Hamlin approached Nascar about possible changes or extension options. Nascar refused to engage, Jordan said.
The Bottom Line: 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.
“Denny convinced me getting a third driver improved our chances to win,” he testified, noting that he purchased another franchise last year for $28 million amid the legal dispute. “So I took the plunge.”
Heather Gibbs’ Testimony
Heather Gibbs detailed her request for permanent charters, submitted in a formal letter to Nascar. She testified the timing of the signature deadline 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.
“Don’t do this to us,” Gibbs recounted 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 I have 30, I have 30.”