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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 motivated his effort with 23XI Racing to confront Nascar over alleged violations of antitrust rules.

Financial Stakes and a Competitive Drive

The owner disclosed operational insights of his 23XI team, saying he put in $40m of his own funds into the Nascar Cup series team co-founded with partner Polk and driver Hamlin.

“Someone had to step forward,” Jordan said during testimony. “I was a new person, I had no fear. I believed I could take on Nascar as a whole. I felt as far as the sport it needed to be looked at through a new lens.”

Central Issue: Charter Agreements and Contract Pressure

The heart of the case involves the end of a 2016 deal where Nascar granted each team a “charter”. The concept is similar to other professional sports with independent franchises, like the Charlotte Hornets or the Carolina Panthers. This deal was set to expire in 2024 when Nascar demanded charter membership renewals.

Jordan testified for an hour and exited the courthouse to pandemonium, with onlookers and reporters clamoring for a glimpse or a picture of the sports legend.

Leading the Legal Charge

Jordan’s 23XI is leading the full-court press along with another racing team for Nascar to change a business model Jordan said is unlawful to maintain excessive control.

At issue for Jordan and Heather Gibbs, who testified before Jordan, are details from last September. She recounted a hectic and tense six hours where the sanctioning body told teams they had to sign a contract extension. This agreement consists of 112 pages outlining pay for chartered teams and a guaranteed spot in every race.

Choosing Litigation

Jordan explained that 23XI and Front Row Motorsports decided 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.

The team owners reached out to Nascar about potential amendments or extension options. Nascar wasn’t talking, according to his testimony.

The Ultimate Motivation: Winning

Ultimately, the resistance against what he saw as a financially unsustainable model was driven by the usual bottom line for Jordan: Winning.

“Denny convinced me adding a third car boosted our odds of winning,” he said, sharing that he purchased another franchise late in 2024 for $28 million despite the uncertainty. “So I took the plunge.”

Account from the Gibbs Family

Gibbs described her push for indefinite franchises, submitted in a written letter to Nascar. She testified the timing of the signature deadline didn’t sit well.

According to her, Joe Gibbs 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 leadership. The response was, “Whether I have 20 charters, I have 20. If I have 30, that’s the number.”