Pac-12 sues Mountain West over ‘poaching penalty’ as conferences battle during latest round of realignment

The Pac-12 filed a lawsuit against the Mountain West on Tuesday taking aim at a pricey “poaching fee.” The suit, filed in the Northern District of California, alleges that the potential penalty is unenforceable under antitrust law.

When the Pac-12 entered a scheduling agreement with the Mountain West last year, the MWC added the poaching fee as a poison pill should the Pac-12 try and take schools from the league. As part of the agreement, the Pac-12 is required to pay more than $10 million per school in damages, which are separate from the $17 million exit fee that schools must pay. 

In previous weeks, the league has added five schools from the Mountain West: Boise State, Colorado State, San Diego State, Fresno State and Utah State. Under this agreement, the Pac-12 would owe more than $50 million before even taking into account exit fees from each schools. 

The poaching penalty is scheduled to run through at least Aug. 1, 2027. The timing is unusual as the Mountain West’s television contracts are scheduled to expire in 2026. Additionally, the Pac-12 is required to add schools to reach the minimum eight participants to be recognized as an FBS conference by 2026. With the five Mountain West additions, the league is at seven. The Mountain West is also at seven schools after the moves. 

“The MWC imposed this poaching penalty at a time when the Pac-12 was desperate to schedule football games for its two remaining members and had little leverage to reject this naked restraint on competition,” the Pac-12 wrote in its filing. “But that does not make the poaching penalty any less illegal, and the Pac-12 is asking the court to declare this provision invalid and unenforceable.”

The remaining Pac-12 schools — Oregon State and Washington State…


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Author : Shehan Jeyarajah

Publish date : 2024-09-24 18:54:33

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