06/11/2026 | Press release | Distributed by Public on 06/11/2026 15:17
Attorney General Ken Paxton's office sent a letter on behalf of its client, Texas Tech University, to leaders of the Big 12 Conference, notifying them that any effort to sanction Texas Tech University for acting consistent with a valid court order would constitute a violation of federal and state law and expose the conference and its members to antitrust liability.
The warning follows a June 8, 2026 Temporary Injunction Order issued by a Texas court in Sorsby v. NCAA, which enjoined the NCAA from prohibiting Brendan Sorsby from practicing, playing, or otherwise participating on Texas Tech's football team during the 2026 football season, subject to certain conditions, including a two game suspension. Texas Tech is not a party to that lawsuit. The Office of the Attorney General ("OAG") was informed that the Big 12 and schools within the conference were considering sanctioning Texas Tech for honoring the Temporary Injunction Order and continuing its support of Sorsby as a student-athlete.
In the letter, the OAG made clear that any such sanction would constitute a horizontal agreement among competitors to disadvantage Texas Tech, which is textbook per se unlawful conduct prohibited under both state and federal antitrust law. The conference and its member schools would face exposure to treble damages, including for Texas Tech's lost football revenues, harm to alumni contributions, and damage to recruiting, in addition to attorneys' fees, which could exceed $200 million.
The OAG further warned that any conference action resulting in the cancellation, forfeiture, or alteration of Texas Tech's scheduled games would constitute a breach of contract. Additionally, interference with the university's sponsorship arrangements, ticket commitments, and other commercial relationships would expose the conference to tortious interference claims.
"Texas Tech acted consistent with a lawful court order and no athletic conference has the right to punish a member institution for respecting the judicial process," said Attorney General Paxton. "Antitrust laws exist to prevent exactly this type of illegal coordinated effort to harm a competitor. Any attempt by the Big 12 to sanction Texas Tech for honoring the results of a lawsuit it was not a party to would carry serious legal consequences."
To read the letter, click here.