CHARLOTTE, N.C. -- Michael Jordan took the stand for about an hour Friday at NASCAR’s high-stakes antitrust trial, saying he thought the governing charter system is unfair but admitting that he admires the France family’s history in the sport.
Jordan -- who owns 60% of 23XI Racing, which, along with Front Row Motorsports, is suing NASCAR for alleged civil antitrust violations -- was the sixth witness called this week to testify in a trial originally slated for two weeks but has moved slow enough that the judge warned the jury it might not end next Friday.
The Basketball Hall of Famer was initially questioned by the teams’ lawyer, Danielle Williams, a partner of Jeffrey Kessler’s Winston & Straw, about whether he felt NASCAR’s charter system agreement that began in 2025 was fair despite how charters have increased in value since they were formed and despite how 23XI bought three charters, including one just before filing the lawsuit. Jordan responded “no” both times and explained that the third charter purchase came at the behest of fellow 23XI owner Denny Hamlin, who wanted as many cars as possible to increase the team’s chances of winning a championship.
The exchange followed a similar line of questioning by the teams’ lawyers earlier this week with Hamlin, as they attempted to ward off a potential defense from NASCAR next week about how 23XI has been profitable in several years since it was founded.
Jordan said 23XI ultimately decided to sue NASCAR after examining its options once NASCAR made its final offer in September 2024, saying that he felt “someone had to step forward and challenge the entity to understand that it is a real concern from our aspect” in terms of charters not being permanent or having better economic terms.
With permanent charters being deemed essential by 23XI, Jordan recounted himself asking rhetorically at the time: “If that wasn’t being put on the table, then in essence why would we sign this deal?”
Teams currently get around 45% of media rights revenue, but the stipulation in the charter agreement is that NASCAR only has to offer the same amount at minimum in the next deal if its revenue goes up. Jordan said the teams’ proposal for a fixed percentage of media rights revenue is fair because “if it grows, it grows -- if it doesn’t, then we’re all in the same boat.”
23XI and Front Row also say teams should be awarded $20 million per car annually to cover their costs, whereas the new charter agreement is at $12.5 million. The teams are asking for several hundred million dollars of combined damages to be awarded should the jury rule against NASCAR, and the judge could then also re-shape the sport with potential actions like forcing the series to sell certain assets or altering the charter system terms.
When it came time for NASCAR’s outside counsel to cross-examine Jordan, Latham & Watkins attorney Larry Buterman, who noted he was a New York Knicks fan in an attempt to establish a light-hearted rapport with the Chicago Bulls legend, began by asking Jordan if he was aware the France family built Talladega Superspeedway in the 1960s, after Jordan had told Williams he grew up as a NASCAR fan and traveled to Talladega as a kid. Jordan responded, “I just learned that, yes.”
Buterman then followed up to try to make his point clear to the jury, asking Jordan if Talladega would even exist without the France family. “No, I don’t think so,” Jordan said.
The questioning was part of a strategy Buterman and NASCAR’s other lawyers employed this week to try to convince the jury that the France family has been good for NASCAR on balance over decades, even if they’ve been caught up in this specific dispute in recent years. The theme appears to be one of NASCAR’s key defenses, with Latham & Watkins partner Jennifer Giordano asking similar questions to Joe Gibbs Racing co-owner Heather Gibbs earlier in the day.
Buterman also asked Jordan if he remembered telling Jim France that he felt that the charter system was a “great service” to teams, as he apparently had recounted in pre-trial hearings.
The courtroom was packed for Jordan’s portion that followed a one-hour lunch break. Security guards at the entrance to the Charles R. Jonas Courthouse directed visitors interested in hearing Jordan’s testimony to an overflow room elsewhere in the building.
After Jordan was done, the teams, who are presenting their side first, called Race Team Alliance executive director Jonathan Marshall as a witness. Marshall recounted to the teams’ lawyer that, at one point during charter talks, the teams received an updated proposal from NASCAR that they felt was actually worse than the prior offer in some ways. Marshall said the proposal prompted Hendrick Motorsports vice chairman Jeff Gordon to tell him: “I’ve never been in a negotiation that went backwards.”
Buterman then probed Marshall’s testimony for inconsistencies with his prior statements, seemingly to try to make the jury question his credibility as a witness.
Before he let the jury out for the weekend, Judge Kenneth Bell noted the media coverage around the trial and reminded the jurors that they are forbidden from doing independent research on the case, including reading news articles, and he warned them that if they failed to follow his instructions they could cause a mistrial.
After a contentious week of witness testimony, Bell appeared frustrated by the slow pace of the proceedings. When Buterman said he wouldn’t be able to finish his questioning of Marshall before the work day ended, Bell responded, “That is unfortunate.”
After dismissing the jury, Bell summoned Kessler and Latham & Watkins’ Christopher Yates into his chamber after the hearing. While the reasoning was unclear, it followed a tension-filled week with tough questioning by both sides.
