The basketball icon, as he cordially introduced himself in a federal courtroom on Friday, stated that his drive to win and status as a newcomer motivated his push for 23XI Racing to “challenge” Nascar over perceived violations of antitrust rules.
Jordan shared financial and corporate details of his 23XI team, saying he put in $40m of his personal wealth into the Cup Series operation co-founded with partner Polk and longtime driver Denny Hamlin.
“Someone had to step forward,” Jordan stated in the Charlotte courtroom. “As a newcomer, I had no fear. I felt I could challenge Nascar in its entirety. I felt as far as the sport it needed to be looked at from a different view.”
The heart of the case involves the expiration of a 2016 agreement where Nascar provided each team a “charter”. This system mirrors other professional sports with separately owned franchises, like the Charlotte Hornets or the NFL’s Panthers. The agreement was due to end in 2024 when Nascar demanded teams renew their charters.
Jordan was on the witness stand for about sixty minutes and exited the courthouse to a media frenzy, with fans and media vying for a view or a photo of the sports legend.
Jordan’s 23XI is leading the full-court press along with Front Row Motorsports for Nascar to overhaul a operating model Jordan said is breaking the law to maintain excessive control.
For Jordan and 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 told teams they had to sign a charter agreement extension. The document spanned over a hundred pages outlining team compensation and a guaranteed entry in every race.
Jordan explained that 23XI and Front Row Motorsports decided their sole viable path 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 potential amendments or extension options. Nascar wasn’t talking, Jordan said.
Ultimately, the pushback against what he saw as a financially unsustainable model was mostly about the usual bottom line for Jordan: Winning.
“Hamlin persuaded me getting a third driver boosted our odds of winning,” he said, sharing that he bought a third charter late in 2024 for $28m despite the uncertainty. “So I took the plunge.”
Heather Gibbs detailed her push for indefinite franchises, which she said a written letter to Nascar. She said the timing of the signature deadline was problematic.
She said, Joe Gibbs first tried to call and talk Nascar out of forcing signatures, but CEO Jim France declined the request.
“Please don’t force this on us,” Gibbs recounted Joe Gibbs told Nascar’s executives. She said France replied, “Whether I have 20 charters, that’s what I have. If I have 30, I have 30.”