In a recent Bloomberg Law article, Partner David Gringer discusses the shifting antitrust landscape for colleges and universities under the Sherman Antitrust Act. He examines how the outcomes of a number of recent antitrust cases indicate this ongoing evolution, and how higher education institutions can proactively prepare for similar cases in the future.
Excerpt: "These cases suggest that practices once considered standard in higher education are now vulnerable to antitrust scrutiny under the Sherman Act. Moreover, the courts’ willingness to entertain these claims and reject early dismissal motions reflects a shift in judicial posture, one more skeptical of entrenched coordination among elite institutions."