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The basketball icon, as he cordially introduced himself in a Charlotte court on Friday, stated that his competitive side and status as a newcomer motivated his push for 23XI Racing to “challenge” Nascar over alleged violations of antitrust rules.

Financial Stakes and a Will to Win

The owner disclosed financial and corporate details of his 23XI team, revealing he invested $40 million of his own funds into the Cup Series operation launched with business partner Curtis Polk and driver Hamlin.

“It fell to someone to act,” Jordan stated during testimony. “As a newcomer, I had no fear. I believed I could take on Nascar as a whole. From my perspective, the sport required examination through a new lens.”

Central Issue: Franchise System and Renewal Demands

At issue is the expiration of a 2016 deal where Nascar provided each team a “charter”. This system mirrors other professional sports with independent franchises, such as the Charlotte Hornets or the Carolina Panthers. This deal was set to expire in 2024 when Nascar demanded teams renew their charters.

Jordan testified for about sixty minutes and left the court to pandemonium, with onlookers and reporters clamoring for a glimpse or a picture of the sports legend.

Leading the Legal Charge

23XI Racing is leading the full-court press along with another racing team for Nascar to overhaul a business model Jordan said is breaking the law to maintain excessive control.

For Jordan and and Heather Gibbs, 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. The document consists of 112 pages outlining pay for chartered teams and a guaranteed spot in Nascar-sponsored races.

Choosing Litigation

Jordan said that 23XI and Front Row Motorsports concluded their sole viable path was to decline to sign that extensive document and take the issue to court. The other 13 organizations signed the agreement.

Jordan and co-owner Denny Hamlin approached Nascar about possible changes or extension options. Nascar wasn’t talking, Jordan said.

The Bottom Line: Victory

Ultimately, the pushback against what he saw as a financially unsustainable model was driven by the familiar goal for Jordan: Success.

“Hamlin persuaded me adding a third car improved our chances to win,” he testified, noting that he purchased another franchise late in 2024 for $28m despite the uncertainty. “So I took the plunge.”

Heather Gibbs’ Testimony

Heather Gibbs detailed her push for indefinite franchises, submitted in a formal letter to Nascar. She testified the pressure of the contract signing demand was problematic.

According to her, the team founder first tried 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. The response was, “Whether I have 20 charters, I have 20. If I have 30, that’s the number.”