What would conference realignment be without a little litigation?
One week after the Pac-12 replenished its roster with the additions of Boise State, Fresno State, San Diego State, and Colorado State (and now Utah State), the league is now suing those schools’ former conference over its “poaching penalty.”
According to Yahoo Sports’ Ross Dellenger, the Pac-12 is claiming that the Mountain West Conference’s $10 million per school — plus a $1 million increase in the rate per school — fee is “unlawful, unenforceable and a violation of antitrust law.”
The Pac-12’s lawsuit marks the latest chapter for the conference, which has spent the better part of the past year on life support. After former league stalwarts USC, UCLA, Oregon and Washington left for the Big Ten, the Pac-12 failed to keep pace in the conference realignment arms race, which ultimately resulted in it losing all but two schools — Oregon State and Washington State — to the Big 12 and ACC.
In an effort to maintain its status as a major player in college athletics, what was left of the Pac-12 reached a scheduling agreement with the Mountain West, with many believing that a merger between the two conferences would be the ultimate end game. But nearly a year later and amid negotiations to continue the agreement, the Pac-12 pulled off a raid of its own, securing commitments from at least five MWC programs to make the jump, with an offer to UNLV still pending.
The Pac-12’s lawsuit is seemingly aimed at both expediting and — obviously — cheapening the cost of acquiring its new schools. With its current commitments, the league is looking at a more than $50 million bill, which would only grow should UNLV decide to jump ship.
“There is no legitimate justification for the ‘poaching penalty,’” the complaint says, per Dellenger. “In fact, the MWC already seeks to impose tens of millions of dollars in ‘exit fees’ on MWC schools that depart from the conference. To the extent the MWC would suffer any harm from the departures of its member schools, these exit fees provide more than sufficient compensation to the MWC.”
As is seemingly the case with most sports-related lawsuits, a settlement appears to be the likeliest outcome, allowing the Pac-12 to save some money and the MWC to ensure it receives at least a portion of the poaching penalty it believes it is owed. It’s also worth noting that each departing team will owe the Mountain West a $17 million exit fee, which the Pac-12 will reportedly help cover.
About Ben Axelrod
Ben Axelrod is a veteran of the sports media landscape, having most recently worked for NBC's Cleveland affiliate, WKYC. Prior to his time in Cleveland, he covered Ohio State football and the Big Ten for outlets including Cox Media Group, Bleacher Report, Scout and Rivals.