Pac-12, Mountain West heading back to court

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

Pac-12 | Ron Chenoy-Imagn Images

The Pac-12 and Mountain West will return to court on Tuesday for a motion to dismiss hearing. 

In September 2024, the Pac-12 filed a federal antitrust lawsuit against the MWC over $55 million in 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 failed to reach an agreement through mediation. 

Northern District of California Senior Judge Claudia Wilken will hear the case on Tuesday. Wilken could rule from the bench following oral arguments or issue a ruling later this month. 

Way back in December 2023, the MWC and remaining Pac-12 members Oregon State and Washington State agreed to a scheduling partnership 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 MWC charged the Pac-12 around $14 million for 12 games ($2.3 million per home game). According to 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 adding 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.

The MWC released a statement in July defending its legal position. 

“This litigation centers on the obligation of these institutions to pay the exit fees clearly defined in the Mountain West Conference bylaws — policies they not only helped develop and adopt, but also sought to enforce against San Diego State in the summer of 2023,” the statement read. “It is, therefore, inconsistent and unjust for these same institutions to now attempt to evade their responsibilities. In fact, the departing schools have agreed to similar exit fee provisions as part of their membership in the Pac-12. 

“We remain confident in our legal position, which we will vigorously defend.”