Maryland cannot argue that the exit fee puts them at a competitive disadvantage and simultaneously state that a switch to the Big Whatever is advantageous as they stated even with full knowledge of the exit fee. If the courts rule against the exit fee they are saying that they will determine what is a fair exit fee. That is obviously a task beyond their expertise. Courts are only rationale half the time, but it seems logical that they cannot determine what is a fair fee and would not want to be put in such a position. Unfortunately, this is the age of judicial activism where hubris knows no bounds.
Based on the strength of their argument, it is possible that the ACC will not negotiate. Either negotiations with Maryland or an adverse court ruling would weaken the ACC. It has a lot at stake and thus might choose to fight this out. I can see the Big Whatever offering to pay part of the exit fee. If this happens, exit fees will no longer be a barrier, and the ACC might not be as rock solid as we would like. If the ACC does not win this case, it will be business as usual, football will rule and money will talk. Realignment will continue.
