The basketball icon, as he cordially introduced himself in a Charlotte court on Friday, stated that his drive to win and novelty within the sport emboldened his effort with 23XI Racing to “challenge” Nascar over alleged violations of competition laws.
Jordan shared operational insights of his racing venture, saying he put in $40 million of his own funds into the Nascar Cup series team co-founded with partner Polk and longtime driver Denny Hamlin.
“It fell to someone to act,” Jordan stated during testimony. “I was a new person, I wasn’t afraid. I believed I could take on Nascar as a whole. I felt as far as the sport it needed to be looked at from a different view.”
At issue is the expiration of a 2016 deal where Nascar provided each team a franchise. The concept is similar to other major leagues with independent franchises, like the NBA’s Hornets or the NFL’s Panthers. The agreement was set to expire in 2024 when Nascar demanded teams renew their charters.
Jordan was on the witness stand 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.
23XI Racing is at the forefront of the push along with another racing team for Nascar to change a business model Jordan said is unlawful to maintain excessive control.
For Jordan and and Heather Gibbs, who preceded Jordan, are details from September 2024. She recounted a hectic and tense six hours where the sanctioning body informed teams they had to sign a charter agreement extension. This agreement consists of over a hundred pages outlining team compensation and a guaranteed entry in Nascar-sponsored races.
Jordan explained that his team and its ally concluded their sole viable path was to refuse a signature that 112-page package and litigate the matter. All other teams agreed to the terms.
Jordan and co-owner Denny Hamlin reached out to Nascar about possible changes or negotiations. Nascar wasn’t talking, Jordan said.
But in the end, the pushback against what he saw as a unsustainable system was mostly about the usual bottom line for Jordan: Winning.
“Hamlin persuaded me getting a third driver improved our chances to win,” he testified, noting that he purchased another franchise late in 2024 for $28 million despite the uncertainty. “So I took the plunge.”
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.
She said, Joe Gibbs first attempted to call and talk Nascar out of demanding signatures, but Nascar’s leader declined the request.
“Don’t do this to us,” Gibbs recounted 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 I have 30, I have 30.”
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