Who in their wildest dream would’ve thought that NBA legend Michael Jordan would challenge the status quo set by NASCAR and the France family? Since its inception, NASCAR has been operating as a family business, but the roll-out of the charters has dragged them back to the courtroom. The ownership group at NASCAR is facing an anti-trust lawsuit filed by 23XI Racing and Front Row Motorsports.

While the two parties have put forth their arguments, it all boils down to getting the bigger piece of the pie. The new fans looking into this case from the outside might feel pretty confident about Michael Jordan’s chances in the court. But for those who’ve been associated with NASCAR for a long time, they’ve seen this movie before. And for the most part, NASCAR has pretty much had its way.

Although the federal court in North Carolina has yet to deliver its final verdict, it is hard not to think about the possible repercussions this can have on MJ and 23XI Racing.

Michael Jordan is in a tough spot with the antitrust lawsuit against NASCAR

“I don’t have basketball anymore, but this could replace it very easily.” Michael Jordan said this while experiencing the Southern 500 race at Darlington Raceway. It felt like, after his illustrious career on the courts of basketball, he finally found a new home at the short ovals in NASCAR. And why wouldn’t he? His driver Tyler Reddick won the regular season championship and is now in contention to win the Cup Series championship in Phoenix.

Interestingly, Jordan has been more and more invested in his new business venture. Especially after he sold his majority stakes from the NBA team Charlotte Hornets for $3 billion. This sale saw Jordan turn a personal profit of $1.8 billion, according to Investopedia. With steady progress alongside his partner Denny Hamlin at 23XI Racing, MJ felt the grass was greener on the NASCAR side until he decided to trade blows with the France family on the new charter agreement.

The reason why MJ relinquished his ownership stake in his NBA team after 13 years was to pursue a different challenge. Another aspect for Jordan to make this decision was the lack of performance by the team. While the team did win the first and last game with Jordan as the owner, they only made the playoffs three times. This is far from ideal for an athlete who won six NBA championships with the Chicago Bulls and five MVP titles to his name. But, if you look at the rise of 23XI Racing in just four years, it is indeed tough to see the NBA icon turn his back on the team.

While the prospect of 23XI’s exit hangs in balance based on the lawsuit filed, it’s difficult to see it happen. This is evident from 23XI Racing’s attempts to get a preliminary injunction. The motive behind this move is to continue racing in NASCAR in 2025 while they continue with their anti-trust case. It is essentially a defense mechanism to safeguard the drivers, employees, and sponsors associated with the team. Neither NASCAR nor the two teams see eye-to-eye with the charter deal. And without a decisive verdict, it is indeed tough to guess in which direction the pendulum will swing.

However, a look back at NASCAR’s previous lawsuit just might give us a fair idea of what the outcome of this anti-trust case looks like.

Major legal cases NASCAR had to face over the years

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This isn’t the first time NASCAR is facing an anti-trust lawsuit. Back in 2002, Francis Ferko, a minority shareholder of then-publicly traded SMI, held NASCAR and ISC accountable for violating the agreement to have a second Cup race at Texas Motor Speedway. But in 2004, when the suit was about to go to trial, the two parties settled. ISC sold Rockingham Speedway to SMI, and this allowed Texas to have its promised second Cup race of the season. However, the Rockingham Speedway was the one that came off the worst in the deal, as SMI sold the track in 2007, and by 2015, the oval track had announced bankruptcy.

Just a few years later, Kentucky Speedway filed another anti-trust lawsuit for lack of Cup race against NASCAR’s sister company, ISC. The racetrack argued that NASCAR prevented the non-ISC racetrack from hosting NASCAR races due to its association with ISC. The France Family is the majority owner of the ISC, and surprisingly, Michael Jordan and 23XI Racing are putting up similar arguments in their case. But the court dismissed Kentucky Speedway’s case, citing NASCAR can decide the date and the tracks where they want to operate.

It is interesting how the challengers keep on changing, but the fact NASCAR stands tall despite the legal woes is something that stands out. Now this doesn’t necessarily mean they have an upper hand in their ongoing legal conflict against 23XI and FRM. Unlike the previous cases, NASCAR isn’t the sole winner even if they get the ruling in their favor. A global icon like Michael Jordan that brings attention and a new audience to the sport is something NASCAR is trying to achieve. So, his exit from stock car racing isn’t necessarily a win-win for the France family and NASCAR.