Pac-12 files a federal lawsuit against Mountain West over $43 million in ‘poaching’ penalties

Ralph D. Russo, Associated Press

SAN RAMON, California (AP) — The Pac-12 is suing nan Mountain West complete what it calls an unlawful and unenforceable “poaching penalty” that would costs nan rebuilding convention much than $40 cardinal for adding Boise State, Fresno State, Colorado State and San Diego State, according to a suit revenge Tuesday successful national court.

The antitrust title was revenge successful nan U.S. District Court of nan Northern District of California and is seeking a declaratory judgement by a judge.

“The action challenges an anticompetitive and unlawful ‘Poaching Penalty’ that nan MWC imposed connected nan Pac-12 to inhibit title for personnel schools successful collegiate athletics,” nan suit said.

The Mountain West has exit fees of upward of $17 cardinal for departing schools. Those fees tin summation depending connected really overmuch beforehand announcement a schoolhouse provides, and are not astatine rumor successful nan lawsuit.

The Pac-12 is challenging poaching fees that were put successful spot successful nan Mountain West’s shot scheduling statement for this play pinch Oregon State and Washington State, nan only existent Pac-12 members this season.

The interest starts astatine $10 cardinal and increases by an increment of $500,000 for each further schoolhouse nan Pac-12 adds from nan Mountain West. With 4 already connected board, nan full is $43 million.

Mountain West Commissioner Gloria Nevarez said successful a connection nan Pac-12 agreed to nan fees and acknowledged that they were basal to her convention members.

“The proviso was put successful spot to protect nan Mountain West Conference from this nonstop scenario. It was evident to america and everyone crossed nan state that nan remaining members of nan Pac-12 were going to effort to rebuild,” she said. “The fees astatine rumor were included to guarantee nan early viability of nan Mountain West and let our personnel institutions to proceed providing captious resources and opportunities for our student-athletes. At nary constituent successful nan contracting process did nan Pac-12 contend that nan statement that it freely entered into violated immoderate laws.”

The Pac-12 besides extended invitations connected Monday to Mountain West schools Utah State and UNLV.

Utah State was admitted Monday, according to nan lawsuit, though nan convention and schoolhouse made it charismatic Tuesday nighttime pinch an announcement.

“Today marks different breathtaking measurement for nan Pac-12 — and it’s conscionable nan opening of shape two,” Pac-12 Commissioner Teresa Gould said successful a statement.

There was still nary connection connected UNLV.

Utah State’s mixed winning percent of shot and men’s hoops (59.1%) complete nan past 10 years ranks 3rd successful nan Mountain West down Boise State and San Diego State.

“This move unlocks caller possibilities by straight enhancing nan student-athlete acquisition and will importantly fortify our estimation for competitory success, world achievement, and investigation excellence,” Utah State President Elizabeth Cantwell said.

Adding Utah State and UNLV would costs nan Pac-12 different $24.5 cardinal and time off nan Mountain West pinch only six members, 2 short of what is required to beryllium recognized by nan NCAA and College Football Playoff.

The Pac-12 contends successful nan suit that nan “severe” exit fees nan Mountain West has successful spot already compensate for nan nonaccomplishment of departing members.

The Pac-12 argues nan poaching punishment had thing to do pinch nan intent of nan woody betwixt Oregon State and Washington State and nan Mountain West, which was to supply those schools pinch six shot opponents this twelvemonth for a $14 cardinal costs to nan league.

“It extends beyond nan Scheduling Agreement’s terms, it does not impact nan schedule successful immoderate respect, and it does not successful immoderate measurement effect nan magnitude of shot played, games scheduled aliases thing related to nan 2024-25 scheduling of games,” nan suit said.

“Instead, nan Poaching Penalty serves only to summation nan MWC’s profits by locking up its personnel schools and preventing them from leaving for a competitor (Pac-12).”

The scheduling woody was not renewed for adjacent year.

Oregon State and Washington State are successful nan first twelvemonth of a two-year NCAA grace play during which they are operating nan Pac-12 arsenic a two-team conference.

By 2026, nan Pac-12 needs astatine slightest 8 members to beryllium recognized arsenic a convention by nan NCAA and CFP.

The first shape of Pac-12 description began 2 weeks agone erstwhile it announced nan additions of Boise State, Fresno State, San Diego State and Colorado State, 4 of nan Mountain West’s traditionally astir successful shot programs.

The Pac-12 past targeted a group of American Athletic Conference schools but was rebuffed by Memphis, UTSA, Tulane and South Florida.

As nan Pac-12 pivoted backmost to Mountain West schools, nan Mountain West was trying to fastener up its 8 remaining members done a assistance of authorities statement that binds schools together done nan convention via tv rights.

Some Mountain West schools signed a memorandum of knowing and returned it to nan convention connected Monday, but erstwhile Utah State did not, it allowed nan others to reconsider.

Now, pinch nan Pac-12 suing nan Mountain West, it’s unclear whether either convention tin move forward.