Mountain West’s motion to dismiss denied in legal dispute with Pac-12

Five MWC schools, including Boise State, leaving for Pac-12 next summer

Pac-12 | Robert Edwards-Imagn Images

Northern District Court Judge Susan van Keulen fully denied the Mountain West’s motion to dismiss a lawsuit brought on by the Pac-12 over $55 million in poaching penalties, van Keulen stated in a written ruling released on Tuesday. 

In September 2024, the Pac-12 filed a federal antitrust lawsuit against the MWC to contest the poaching penalties that were included in a scheduling agreement between the two conferences. The MWC filed a motion to dismiss the case last December, and the two sides have failed to reach an agreement through mediation.

Van Keulen’s ruling stated that an initial case management conference will be held on Nov. 18. A joint case management statement is due by Nov. 10. 

The case will proceed to trial unless a settlement is reached. 

Here is the full order on motion to dismiss.  

The relationship between the Pac-12 and MWC has deteriorated over the last two years. 

The MWC and remaining Pac-12 members Oregon State and Washington State agreed to a scheduling partnership in December 2023 for the 2024 football season that included an option for 2025. The Pac-12 had lost 10 of its 12 members to the ACC, Big Ten and Big 12, leaving behind the Beavers and Cougars.

The Pac-12 was charged around $14 million for 12 games ($2.3 million per home game) by the MWC. According to a report from John Canzano of the Bald Faced Truth Substack, the market rate for a non-conference football home game in 2024 was roughly $500,000.

The MWC announced last September that the scheduling agreement would not be renewed. One week later, Boise State, Colorado State, Fresno State and San Diego State of the MWC all agreed to join the Pac-12. Fellow MWC member Utah State came aboard next, followed by Gonzaga and Texas State.

After landing agreements from the first four MWC schools, the Pac-12 filed an antitrust lawsuit over the legality of the poaching penalty. Boise State, Colorado State and Utah State are also suing the MWC over exit fees. 

The Pac-12 believes the poaching penalties are illegal and invalid. 

“The Pac-12 remains committed to moving forward with legal action in response to the Mountain West’s attempt to impose so-called ‘poaching penalties,’ provisions we believe are unlawful and intended to obstruct our ability to act in the best interests of our student-athletes and member institutions,” the Pac-12 said in a July statement. “We are confident in the strength of our position.” 

The MWC argues it is owed north of $150 million in poaching penalties and exit fees.