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2022-01-13 08:38:20 UTC
Sixteen Ivy League and elite U.S. universities were sued in federal court
for allegedly illegally conspiring to eliminate competitive financial aid
offers to students in a price fixing scheme.
The suit alleges the conspiracy artificially inflated the cost of
attendance for all students receiving financial aid and resulted in the
overcharging of over 170,000 financial-aid recipients by at least
hundreds of millions of dollars.
The demand for a class action jury trial, filed on Sunday in an Illinois
federal court by five former Vanderbilt, Northwestern and Duke University
students, seeks to compensate people who received financial aid packages
that did not fully cover the cost of tuition, room and board from one of
the 16 self-described need-blind universities since 2003.
The crux of the suit hinges on part of a 1994 federal education law called
Section 568, an exemption from antitrust laws for colleges and
universities that ostensibly dont consider an applicants financial
status while deciding admission, known as need-blind admission. This
exemption allows need-blind colleges and universities to ignore century-
old antitrust laws and collaborate with their competitors.
The lawsuit names Brown University, California Institute of Technology,
University of Chicago, Columbia University, Cornell University, Dartmouth
College, Duke University, Emory University, Georgetown University,
Massachusetts Institute of Technology, Northwestern University, University
of Notre Dame, University of Pennsylvania, Rice University, Vanderbilt
University and Yale University as defendants.
Spokespeople for Dartmouth College, and the Universities of Pennsylvania,
Chicago, Cornell, Notre Dame, Emory, Northwestern, Duke and Rice declined
to comment on pending litigation.
Columbia, Georgetown, MIT and Vanderbilt did not immediately respond to
NBC News requests for comment.
In an email, Yale University spokesperson Karen N. Peart wrote, Yales
financial aid policy is 100% compliant with all applicable laws.
CalTech spokesperson Kathy A. Svitil declined to comment on pending
litigation but said, [w]e have confidence, however, in our financial aid
practices.
Brown University spokesperson Brian E. Clark wrote, If we are served with
the complaint, we will conduct a full review and respond as appropriate
through the legal process.
Based on a preliminary review, the complaint against Brown has no merit
and Brown is prepared to mount a strong effort to make this clear, Clark
wrote.
The lawsuit alleges that a framework called the consensus methodology,
used in admissions by a consortium of universities called 568 Presidents
Group, is explicitly aimed to reduce or eliminate price competition
among its members and says such an elimination of competition is simply
a means of coalescing around a uniform and lower level of aid to all
prospective students.
The 568 Presidents Group did not immediately respond to a request for
comment. John J. DeGioia, Georgetowns President and president of the 568
Presidents Groups steering committee, also did not immediately respond to
a request for comment.
The Consensus Approach, or consensus methodology, the group says on its
website, consists of a set of common standards for determining the
familys ability to pay for college whose goal is to reduce much of the
variance in need analysis results that has been experienced in recent
years.
They specify further that the methodology deals exclusively with the
familys ability to pay for college.
The suit alleges the purpose of the 568 Cartel is to reduce or eliminate
competition between Cartel members over offers of financial aid to
prospective students.
Further, the suit says that antitrust principles dictate that
Competitors would not reach such agreement, because they would be
incentivized to increase aid and reduce net prices of attendance to
attract students.
Absent collusion, Defendants would compete on price for the students that
they have decided to admit because these are the students that the
admissions department has decided would satisfy the goals of the
admissions process, the lawsuit says.
The lawsuit also alleges that many of these colleges and universities are
not fully need-blind, and thus, do not qualify for the antitrust
exemption.
The suit alleges the 16 institutions consider the financial means of many
of the students and families who apply in three main ways: by prioritizing
the admission of the children of wealthy past or potential future
donors, through a practice known as enrollment management, and by
routinely and widely considering the financial means of the students
admitted off of waitlists.
The suit says the 568 exemption from antitrust laws, which otherwise
prohibit conspiracies among competitors, only applies at colleges and
universities where all students admitted are admitted on a need-blind
basis, which is to say, without regard to the financial circumstances of
the student involved or the students family.
The result of the 568 Cartel is thus not only to reduce the amount of
total aid offered by each school, but also to reduce the total amount of
aid offered to each prospective student at each Defendant school, the
suit alleges.
https://www.nbcnews.com/news/us-news/16-ivy-league-elite-universities-
sued-alleged-financial-aid-conspiracy-rcna11643
for allegedly illegally conspiring to eliminate competitive financial aid
offers to students in a price fixing scheme.
The suit alleges the conspiracy artificially inflated the cost of
attendance for all students receiving financial aid and resulted in the
overcharging of over 170,000 financial-aid recipients by at least
hundreds of millions of dollars.
The demand for a class action jury trial, filed on Sunday in an Illinois
federal court by five former Vanderbilt, Northwestern and Duke University
students, seeks to compensate people who received financial aid packages
that did not fully cover the cost of tuition, room and board from one of
the 16 self-described need-blind universities since 2003.
The crux of the suit hinges on part of a 1994 federal education law called
Section 568, an exemption from antitrust laws for colleges and
universities that ostensibly dont consider an applicants financial
status while deciding admission, known as need-blind admission. This
exemption allows need-blind colleges and universities to ignore century-
old antitrust laws and collaborate with their competitors.
The lawsuit names Brown University, California Institute of Technology,
University of Chicago, Columbia University, Cornell University, Dartmouth
College, Duke University, Emory University, Georgetown University,
Massachusetts Institute of Technology, Northwestern University, University
of Notre Dame, University of Pennsylvania, Rice University, Vanderbilt
University and Yale University as defendants.
Spokespeople for Dartmouth College, and the Universities of Pennsylvania,
Chicago, Cornell, Notre Dame, Emory, Northwestern, Duke and Rice declined
to comment on pending litigation.
Columbia, Georgetown, MIT and Vanderbilt did not immediately respond to
NBC News requests for comment.
In an email, Yale University spokesperson Karen N. Peart wrote, Yales
financial aid policy is 100% compliant with all applicable laws.
CalTech spokesperson Kathy A. Svitil declined to comment on pending
litigation but said, [w]e have confidence, however, in our financial aid
practices.
Brown University spokesperson Brian E. Clark wrote, If we are served with
the complaint, we will conduct a full review and respond as appropriate
through the legal process.
Based on a preliminary review, the complaint against Brown has no merit
and Brown is prepared to mount a strong effort to make this clear, Clark
wrote.
The lawsuit alleges that a framework called the consensus methodology,
used in admissions by a consortium of universities called 568 Presidents
Group, is explicitly aimed to reduce or eliminate price competition
among its members and says such an elimination of competition is simply
a means of coalescing around a uniform and lower level of aid to all
prospective students.
The 568 Presidents Group did not immediately respond to a request for
comment. John J. DeGioia, Georgetowns President and president of the 568
Presidents Groups steering committee, also did not immediately respond to
a request for comment.
The Consensus Approach, or consensus methodology, the group says on its
website, consists of a set of common standards for determining the
familys ability to pay for college whose goal is to reduce much of the
variance in need analysis results that has been experienced in recent
years.
They specify further that the methodology deals exclusively with the
familys ability to pay for college.
The suit alleges the purpose of the 568 Cartel is to reduce or eliminate
competition between Cartel members over offers of financial aid to
prospective students.
Further, the suit says that antitrust principles dictate that
Competitors would not reach such agreement, because they would be
incentivized to increase aid and reduce net prices of attendance to
attract students.
Absent collusion, Defendants would compete on price for the students that
they have decided to admit because these are the students that the
admissions department has decided would satisfy the goals of the
admissions process, the lawsuit says.
The lawsuit also alleges that many of these colleges and universities are
not fully need-blind, and thus, do not qualify for the antitrust
exemption.
The suit alleges the 16 institutions consider the financial means of many
of the students and families who apply in three main ways: by prioritizing
the admission of the children of wealthy past or potential future
donors, through a practice known as enrollment management, and by
routinely and widely considering the financial means of the students
admitted off of waitlists.
The suit says the 568 exemption from antitrust laws, which otherwise
prohibit conspiracies among competitors, only applies at colleges and
universities where all students admitted are admitted on a need-blind
basis, which is to say, without regard to the financial circumstances of
the student involved or the students family.
The result of the 568 Cartel is thus not only to reduce the amount of
total aid offered by each school, but also to reduce the total amount of
aid offered to each prospective student at each Defendant school, the
suit alleges.
https://www.nbcnews.com/news/us-news/16-ivy-league-elite-universities-
sued-alleged-financial-aid-conspiracy-rcna11643