Introduction

In a bold move that has sent shockwaves through the college athletics landscape, the Pac-12 conference has filed a lawsuit against the Mountain West (MW) regarding a controversial 'poaching fee.' This legal action, filed in the Northern District of California, challenges the enforceability of the fee under antitrust laws, raising questions about fair play amid ongoing conference realignment.

Origins of the Dispute

The origins of this dispute trace back to a scheduling agreement established between the two leagues last year. As part of the deal, the Mountain West included a hefty penalty for any Pac-12 attempt to recruit schools from its ranks. They stipulated that the Pac-12 would owe more than $10 million per school in damages for any poaching, in addition to a steep $17 million exit fee that departing schools must pay. With the recent additions of Boise State, Colorado State, San Diego State, Fresno State, and Utah State to the Pac-12, this could subject the conference to over $50 million in initial penalties alone.

The Legal Challenge

The lawsuit asserts that the Mountain West imposed this 'poaching penalty' at a time when the Pac-12 was desperate for football games, leaving it with little leverage to refuse what they describe as an 'illegal restraint on competition.' The Pac-12 is now seeking a court ruling to declare this penalty invalid and unenforceable.

The Stakes