Michael Jordan‘s bitter fight against NASCAR headed to federal court on Monday in a jury trial that could tear apart the top motorsports series.
The legendary NBA great, 62, was pictured arriving at the Western District of North Carolina in Charlotte for the case, brought by 23XI Racing, which he majority-owns, and another team, Front Row Motorsports.
The antitrust allegations leveled by the two parties have alleged salacious personal communications within NASCAR, issues with its finances and a deep contempt between some of the top executives in the sport and its participants.
NASCAR claims it has done nothing wrong, insisting it has not violated antitrust law because it has done nothing to restrain trade beyond normal business practices.
The judge in the case has already ruled that NASCAR has a monopoly over its market, in a significant win for Jordan’s side. But it is now up to the six-person jury to decide whether the motorsports organization abused this power and broke antitrust laws.
Three-time Daytona 500 winner Denny Hamlin, who owns 23XI alongside Jordan and his longtime business manager, Curtis Polk, suggested that the gloves will be off during the two-week trial.
Michael Jordon arrives in the Western District of North Carolina for the trial with NASCAR
Jordan’s 23XI Racing, along with Front Row Motorsports, has leveled antitrust allegations against NASCAR
Jordan has an exemption to sit in the courtroom throughout the proceedings in North Carolina
Hamlin wrote on social media over the weekend: ‘Our fans have been brainwashed with [NASCAR’s] talking points for decades. Lies are over starting Monday morning. It’s time for the truth. It’s time for change.’
NASCAR Commissioner Steve Phelps has said the series has worked hard to resolve the complaints ahead of legal proceedings. Jordan, when asked on Monday morning if he could believe the case had made it to trial, simply said: ‘Nope.’
Jordan, who is listed as a potential witness, has received an exemption to be in the courtroom for the entire jury.
NASCAR had requested that Jordan be excluded from hearing other witness testimonies before he was designated as 23XI’s corporate representative last Tuesday, meaning he is allowed in the courtroom throughout proceedings.
As per Fox Sports, two potential jurors were dismissed on Monday morning because of their fandom of the basketball star. Reporter Bob Pockrass wrote on X that ‘they appeared giddy just to walk by Jordan in the courtroom.’
The fight began after 23XI Racing and Front Row Motorsports, owned by entrepreneur Bob Jenkins, which won the 2021 Daytona 500, refused to sign renewals on the charter agreements NASCAR presented to them in late 2024 – the only two teams to do so. A spokesman for the two teams said that Jordan and Jenkins plan to be the faces of their case.
All 15 teams had been fighting for more favorable terms in the charter agreements over more than two years of negotiations, and the final arrangement fell short of what many had sought. 23XI and Front Row accused NASCAR of having a monopoly and sued under antitrust grounds.
The charter system was introduced in 2016 and is NASCAR’s version of the franchise model used by most other professional sports leagues. Being chartered guarantees teams a spot in the 40-car field for all 38 races, as well as a defined payout from the weekly purse.
Jordan’s 23XI co-owner Denny Hamlin (center) pictured arriving at court Monday morning
Jordan and Curtis Polk (left), the NBA great’s adviser, first filed their lawsuit in 2024
The teams have argued that the revenue model is not viable. They wanted the charters to become permanent – they are currently renewable and revocable – as well as a larger percentage of revenues and a voice in governance.
23XI and Front Row have argued that NASCAR has too strong a hold on all aspects of the racing series and have alleged a monopoly based on exclusivity clauses, ownership of most of the race tracks on the Cup schedule, and its control of the rules and regulations.
They are now also pursuing NASCAR to cover their legal fees and financial losses suffered this year from not being chartered, plus the lawsuit.
NASCAR, which was founded 76 years ago by the Florida-based France family, has argued that payouts in the 2025 charter agreement increased and thus prove it is not anticompetitive.
The motorsports organization has also cited the option for cars to enter races as ‘open teams’ and try to make the field in one of four non-chartered spots on qualifying speed.
23XI and Front Row have been open teams, and while their combined six cars made every race, it cost both organizations millions of dollars in purse money.
The pretrial discovery process revealed NASCAR made more than $100million in 2024.
The discovery phase has been brutal for both sides, with the exposure of unseemly personal communications from top NASCAR executives as well as the two teams.
Phelps, in a discussion with other leaders of the motorsports organization, called Hall of Fame team owner Richard Childress a ‘dinosaur,’ an ‘idiot,’ and a ‘stupid redneck.’
The discussion also included a reference that Childress ‘owed his entire fortune to NASCAR’ and needed ‘to be taken out back and flogged.’
Jordan is expected to be the face of his team’s case throughout the trial in North Carolina
Another executive alleged that fans of the sport cannot read, and multiple series leaders admonished Hall of Fame driver Tony Stewart’s summer short-track series, SRX, and threatened to have it killed because NASCAR drivers were participating.
On the other side, the president of 23XI was found to have said NASCAR chairman Jim France had to die in order to receive favorable charter terms.
The messages revealed that Hamlin admitted his dislike for the France family, one of Jordan’s advisers said Hamlin wasn’t a good businessman and billionaire Jordan joked that he loses more money in a casino than he pays one of his drivers.
NASCAR has requested Rick Hendrick and Roger Penske, the two most powerful team owners in the United States, to testify at the trial. But the Hall of Famers have both filed motions asking not to be deposed, and, if they must be, then the questioning must be limited to charters.
Hendrick and Penske are among a large group of owners who submitted declarations on NASCAR’s behalf in defense of the charter system. Many of the non-suing teams do not want the charter system to be disbanded, which could happen if NASCAR loses the case.
But many team owners have still noted that the 2025 agreements were still short of all their asks.
The feud so far has been messy for every party involved – and that includes Jordan
NASCAR has also asked that Polk and Hamlin, of 23XI, be excluded from court ahead of their testimony. A ruling on that has not yet been made.
The case could still be settled at any time, even if a ruling is made and it goes to appeal.
If 23XI and Front Row win, the jury will determine monetary damages and Judge Kenneth Bell can adjust the figure and even triple it.
The France family could be forced to sell the sport or the tracks it owns. Alternatively, NASCAR may have to dismantle the charter system or issue permanent charters.
If NASCAR wins, it is unlikely that 23XI and Front Row would stay in business beyond 2026 and the six charters being held aside likely would be floated to other interested parties.
The last one sold went for $45 million, and NASCAR has indicated there is strong interest from potential buyers, including private-equity firms.