CHARLOTTE, N.C.: Retired NBA great Michael Jordan and his fellow owners of two NASCAR teams went to federal court Monday for a hearing in their antitrust fight against the stock car series over what they say is an unfair business model.

23XI Racing, which is owned by Jordan and three-time Daytona 500 winner Denny Hamlin, and Front Row Motorsports, owned by restaurant entrepreneur Bob Jenkins, sued NASCAR and chairman Jim France in October after months of tense negotiations over NASCAR’s charter system, which is essentially a franchise model that includes revenue sharing.

The two teams say NASCAR gave all Cup Series teams a last-minute, take-it-or-leave-it offer in September that both 23XI and Front Row refused to sign. The owners contend the charter system limits competition by unfairly binding teams to the series, its tracks and its suppliers, and they called the France family and NASCAR “monopolistic bullies.”

The two teams are represented by Jeffrey Kessler, the top antitrust lawyer in the country, who argued repeatedly they are only asking for a temporary injunction that allows them to compete without the clause that would prevent their ongoing lawsuit.

He said NASCAR has since rescinded the charter agreements offered to 23XI and FRM in September.

“We do not challenge the entire charter agreement. We want a return to status quo,” Kessler said. “We are not seeking a seven-to-14-year argument. Let us operate under the terms they offered for the duration of the (court) case and race under the charter terms for the duration of the case.”

Kessler said NASCAR is fighting the injunction because NASCAR does not believe it has a winnable case.

The fight is playing out as NASCAR heads into its championship weekend, with the title-deciding race set for Sunday in Phoenix with 23XI Racing’s Tyler Reddick among the four drivers who can win.

After a hearing that lasted nearly two hours, US District Judge Frank D. Whitney said he’d have a decision on 23XI and FRM’s request for a preliminary injunction to be recognized in 2025 as chartered teams by Friday — when cars hit the track in Phoenix to begin preparations for the title-deciding race.

Jordan listened to Kessler’s arguments from the front row of the gallery, and he leaned forward intently for the entirety of NASCAR’s case before the court.

In a brief comment outside court, Jordan said he didn’t think the legal battle would detract from 23XI’s effort to win the championship with Reddick.

“No, I’ve been in situations of disparity. I think the race team is going to focus on what they have to do this weekend, which I expect them to do,” Jordan said. “I think Jeffrey did an unbelievable job today, and I think I put all my cards on the table. I’m looking forward to winning a championship this weekend.”

At issue before the court is 23XI and FRM’s request to be released from a clause in NASCAR’s agreement that prohibits teams from suing the sanctioning body. Both teams have said they will operate as “open” teams in 2025 if they don’t receive the injunction, but even that agreement prevents them from suing NASCAR.

Also, an “open” team is not guaranteed a spot in the weekly 40-car field, does not receive the same amount of revenue as chartered teams, and its drivers and sponsors potentially could leave because they are associated with unprotected chartered teams.

The charter system began in 2016 and has now twice been extended, with the deals signed by 13 organizations set to run from 2025 through 2031.

Christopher Yates, of Latham & Watkins LLP, represented NASCAR and France. He said the teams have plenty of options outside of NASCAR.

“Mr. Jordan had a choice: They could invest in NASCAR, IndyCar, buy another NBA team,” Yates said, “but they chose to invest in NASCAR.”

Yates also disputed the notion that the 13 teams who signed the charter agreements 48 hours before the playoffs began in September did so under coercion, but he used slides that cherry-picked quotes that left out the parts where owners admitted to reporters that NASCAR threatened to kill the entire charter process if it did not receive signed agreements within a very short time period.

“We’re talking about Roger Penske, Rick Hendrick and Joe Gibbs — people who do not get pushed around,” Yates said.

Kessler called Yates’ synopsis a “complete distortion” of the facts.

Kessler also argued that the terms of the new charters potentially could put the two teams out of business, and cause Reddick to leave 23XI even if he wins the championship Sunday.

“We have a potential champion who would be free to leave and we’d never get him back,” Kessler said. “This could put these teams out of business. You can’t go to a stock car team and ask them to become a Formula 1 team.”

Whitney last week denied an expedited discovery request from 23XI and Front Row for NASCAR to produce documents prior to Monday’s preliminary injunction hearing.

“While the proposed discovery requests may help plaintiffs show a likelihood of success on the merits, they are not sufficiently narrowly tailored,” Whitney wrote.

Jordan, Hamlin and Curtis Polk of 23XI were joined by Jenkins and Front Row President Jerry Freeze for the hearing, which is crucial to how next season will proceed for the two teams.

The teams argue that NASCAR would not be harmed by the injunction because the series had planned to have 36 chartered teams and allowing them to compete as chartered teams while pursuing the lawsuit was maintaining the status quo.

NASCAR now says it plans to run 32 chartered teams and eight open cars (instead of four) in its 40-car field each week. Front Row and 23XI currently have two charters apiece that they did not sign, and both have deals with Stewart-Haas Racing to buy one charter each.

Those deals have not closed and NASCAR has indicated it won’t recognize the sales. NASCAR is alleging it is only honoring the 32 charter agreements that were signed in September.

NASCAR contends the two teams don’t meet the requirements for an injunction because they can still compete as open teams and that any damages that they suffer if they prevail in the case can be covered monetarily.

Apart from another Neymar injury scare, Saudi teams enjoyed another great night in the AFC Champions League Elite on Monday, as Al-Hilal defeated Esteghlal of Iran 3-0 and Al-Ahli thrashed Iraqi side Al-Shorta 5-1.

Both teams now have four wins out of four and sit joint top of their 12-team league. Al-Hilal has a slight edge on goal difference but even at this early point, with four games left to play in the league stage, both sides are all-but guaranteed to be one of the top eight teams that advance to the knockout phase.

With Neymar seemingly picking up a muscle injury after 30 minutes of action in Riyadh, Aleksandar Mitrovic was the undoubted star for Al-Hilal, scoring all three goals in what was ultimately a comfortable win, although Esteghlal did almost shock the Blues early on. Gael Kakuta’s perfect cross from the right found the head of a diving Ramin Rezaeian, only for the ball to hit the post, with Yassine Bounou beaten.

After 15 minutes, however, the home side were ahead. A pass from Nasser Al-Dawsari evaded a number of players, both home and away, before finding its way to Mitrovic at the far post, where the Serbian striker made no mistake from close range.

As both teams continued to push forward, Salem Al-Dawsari and Abdullah Al-Hamdan forced the Esteghlal goalkeeper make saves but it was not long before the lead was doubled. Renan Lodi, who has been in fine form this season, with a number of impressive assists, broke free down the left side of the area just after the half-hour mark and pulled a low pass across goal to Mitrovic, who was waiting to take another poacher’s chance.

There were more cheers from the home fans 10 minutes into the second half when Neymar came off the bench for only his second appearance since picking up a serious injury in October 2023. The Brazilian superstar was soon treating fans to flicks and feints as Al-Hilal started to move the ball around even more.

It was no surprise when they sealed the victory 16 minutes from time. Joao Cancelo crossed the ball for that man Mitrovic to once again head home at the far post for his fourth goal of the tournament.

The only downside for Al-Hilal came when Neymar was withdrawn shortly before the final whistle, after pulling up as he stretched for the ball.

Over in Jeddah, Al-Ahli kept pace in the competition with their Riyadh rivals thanks to a convincing 5-1 win against visiting Al-Shorta. The home side have been inconsistent in terms of domestic form but perfect in the Asian campaign so far. And it did not take long for the hosts to take the lead.

With 14 minutes on the clock, Ziyad Al-Johani floated over a long ball from a deep position down the left. Roberto Firmino timed his run perfectly to break into the area and direct an equally perfect header into the top corner of the goal.

Ten minutes later, the men in white had the perfect opportunity to extend their lead and take total control of the tie but Franck Kessie’s effort was saved by Ahmed Basil.

Then, just before the half-hour mark, Al-Shorta were suddenly level as a result of some slack defending that ended with Mohammed Dawood feeding the ball through to Sajad Jassem, who rounded goalkeeper Abdulrahman Al-Sanbi to score.

However, Al-Ahli went in at the break with their lead restored. Deep into added time, Firmino, who had just missed another glorious chance, grabbed his second of the game from close range after Firas Al-Buraikan skipped past the goalkeeper and fed the ball to the former Liverpool star, who found the back of the net from close range.

Firmino returned the favor eight minutes after the restart, delivering a low cross from the right that bounced all the way through to the far post where Al-Buraikan made no mistake.

Just after the hour mark, the Saudi international once again turned provider to feed Riyad Mahrez on the right corner of the area, and the Algerian fired his shot into the opposite corner. In the 65th minute, Al-Johani produced another perfect pass from the left, which Mahrez latched onto to grab his second and complete the 5-1 win.

Al-Nassr, who have two wins and a draw from their first three games in the competition, can move into third place in the group on Tuesday with a win against defending champions Al-Ain, who are second bottom with just one point after two defeats and a draw.