Big 12 faces antitrust threat as Texas AG warns of $200m liability over Texas Tech sanctions

The Big 12 Conference is deliberating potential sanctions against Texas Tech University concerning the eligibility of quarterback Brendan Sorsby, following a formal legal warning from the Texas Attorney General’s Office. The state’s intervention highlights the severe financial risks facing the conference, with officials cautioning that any punitive measures against the university would constitute a per se antitrust violation, potentially exposing the Big 12 to more than $200 million in liability.

The warning, issued in a letter signed by the state’s chief of the Antitrust Division and the chief of the General Litigation Division, specifically addresses a bylaw under consideration by Big 12 leaders. This bylaw permits the conference to sanction a member institution if a supermajority of 12 of 15 schools determines that the school engaged in conduct materially adverse to the conference’s best interests. The letter was delivered shortly before the Big 12 executive board convened to discuss the matter.

Sorsby, who admitted to placing thousands of sports bets over four years, obtained a temporary injunction against the NCAA earlier this month. A judge granted the order, allowing Sorsby to participate in the upcoming season after sitting out the first two games, a decision made partly to allow the quarterback to make an informed decision about his NFL future. The order prohibits the NCAA from banning him from competition, setting the stage for his return for the Big 12 opener on 18 September against Houston.

Legal pressure is also mounting from Sorsby’s counsel. Noted attorney Jeffrey Kessler, who represented Sorsby in the injunction case, sent a separate letter to the Big 12 warning of potential litigation if the conference sanctions the school or the player. Kessler questioned the conference’s respect for the court order and requested that the Big 12 and its members preserve all documents related to Sorsby and the court’s ruling in preparation for potential legal action.

While Texas Tech officials have defended their position, opposition within the conference remains strong. Texas Tech Athletic Director Kirby Hocutt stated that the university did not fund Sorsby’s legal action and that its role has been to support his recovery from a clinically diagnosed addiction. However, other Big 12 athletic directors have expressed strong opposition, with Georgia and Nebraska officials vowing not to schedule Texas Tech in the future.

Big 12 Commissioner Brett Yormark stated that all options remain on the table following discussions with the executive board. The conference’s full roster of presidents and chancellors is scheduled to meet on Monday to discuss the situation further, though a final decision is not expected at that time. The situation has been further complicated by the political influence of Cody Campbell, chair of Texas Tech’s board of regents and a significant donor, whose support for the Protect College Sports Act faces opposition from other major conferences.