Michael Jeffrey Jordan, introducing himself formally in a Charlotte court on Friday, stated that his drive to win and novelty within the sport motivated his push for 23XI Racing to “challenge” Nascar over perceived violations of antitrust rules.
Jordan shared financial and corporate details of his racing venture, revealing he put in $40m of his own funds into the Cup Series operation co-founded with partner Polk and longtime driver Denny Hamlin.
“Someone had to step forward,” Jordan stated during testimony. “As a newcomer, 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 agreement where Nascar granted each team a “charter”. This system mirrors other major leagues with independent franchises, like the Charlotte Hornets or the Carolina Panthers. This deal was due to end in 2024 when Nascar demanded teams renew their charters.
Jordan was on the witness stand for an hour and exited the courthouse to pandemonium, with fans and media vying for a view or a picture of the global icon.
23XI Racing is at the forefront of the push along with another racing team for Nascar to change a business model Jordan said is breaking the law to keep two hands on the wheel.
At issue for Jordan and a fellow team representative, who testified before Jordan, are details from last September. She recounted a frantic and emotional six hours where the racing circuit told teams they had to sign a contract extension. The document consists of 112 pages outlining team compensation and a guaranteed entry in every race.
Jordan said that his team and its ally decided their sole viable path was to decline to sign 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 unsustainable system was driven by the familiar goal for Jordan: Success.
“Denny convinced me getting a third driver boosted our odds of winning,” he testified, noting that he bought a third charter late in 2024 for $28m amid the legal dispute. “So I dove in.”
Heather Gibbs detailed her push for indefinite franchises, submitted in a written letter to Nascar. She said the pressure of the signature deadline didn’t sit well.
She said, Joe Gibbs first attempted to call and persuade Nascar against forcing signatures, but CEO Jim France declined the request.
“Don’t do this to us,” Gibbs recounted was the message to Nascar’s executives. The response was, “If I wake up and I have 20 charters, that’s what I have. If there are 30, that’s the number.”
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