NASCAR CEO Jim France (right) walks with Vice Chairman Mike Helton outside the Charles R. Jonas Federal Building on December 1 in Charlotte, North Carolina.
(Grant Baldwin/Getty Images)
Although attempts to settle the matter before trial were unsuccessful, settlement could occur at any time during the trial and, if necessary, appeal. Jury selection took place Monday, with two potential jurors dismissed after saying they were big Jordan fans.
Hamlin and Jenkins were among those who testified throughout the week, setting the stage for Jordan's hour-long appearance on the witness stand before a packed courthouse. At one point, Basketball Hall of Famer Naismith was asked why 23XI didn't sign charters last year.
“First of all, I didn’t think it was economically feasible,” Jordan said. “Secondly, it said you can't sue NASCAR, that was an antitrust violation, in my opinion. Thirdly, they gave us an ultimatum, which I thought was unfair to 23XI.”
Jordan added, “I wanted a partnership, and full-time charters weren't even an option. The fundamentals that the teams wanted, nobody on NASCAR's side was even negotiating or compromising. They weren't even open to welcoming those conversations, so that's where we left off.”
If the plaintiffs win, a jury will determine monetary damages, and Judge Kenneth Bell can adjust that figure. Bell will also have to decide what to do if a monopoly is discovered. Options could include forcing the France family to sell the organization or parts of it, getting rid of the charter system, or appointing permanent charters.
If NASCAR wins, its structure will likely remain the same. In this scenario, it's hard to imagine 23XI and Front Row going back to the charter system they sought to change in court.
If NASCAR wins, it could mean the end of 23XI and Front Row.
The Associated Press contributed to this report.
