Judge Rules Early Decision Antitrust Lawsuit Can Proceed Against 32 Colleges

A federal judge ruled on August 8, 2026, that an antitrust lawsuit against 32 highly selective colleges over their early decision admissions practices can move forward, though she dismissed claims against the noncollege defendants: Common App, Scoir, and the Consortium on Financing Higher Education. Filed in August 2025 by current and former students from Wesleyan University, Vassar College, and Washington University in St. Louis, the suit alleges the colleges violated the Sherman Act by agreeing not to compete for students who had already committed to another school through early decision, artificially suppressing competition and inflating tuition while limiting financial aid. The colleges argued that early decision is “totally voluntary” and that students retain other options like regular or early action admission, but the plaintiffs countered that colleges present the commitment as effectively binding, pressuring applicants into accepting the first aid package they receive without being able to compare offers. Higher Ed Dive reports that U.S. District Judge Angel Kelley found the plaintiffs’ allegations against the colleges sufficient to proceed, while ruling that claims against the application platforms and the college consortium lacked evidence of direct involvement in an alleged conspiracy. The plaintiffs are also seeking class action status for a group that could include tens of thousands of current and former early decision students from the past four years.