The Department of Justice has begun investigating the early decision admissions practices of certain colleges and universities, under suspicion that they violate federal anti-trust laws.
The DOJ issued a letter last week to institutions informing them of the investigation and requesting documents pertaining to early decision applicants. If accepted, early decision applicants are required to attend that institution.
The agency writes that it is investigating, “a potential agreement between colleges relating to their early-decision practices,” according to the letter obtained by Inside Higher Ed.
Officials are concerned that information sharing between schools about applicants’ acceptance status is occurring, mainly to enforce the rule that students are required to attend an institution if accepted by early decision.
Common App itself asks applicants to consent to the practice of information sharing, therefore students are technically aware that it may be occurring. The information in question is shared between institutions, however, not from the Common App to institutions.
Yet, colleges and universities deny, or are silent, about the allegation that information sharing is occurring. In 2016, U.S. News and World Report published advice for students if they do not want to keep their binding early decision commitment. At that time, a dean of admissions at Amherst said that her school and about 30 others share lists of students admitted in early decision.
The DOJ has won anti-trust suits against higher education in the past. Ivy League institutions previously shared information about applicants’ financial status to agree on equitable financial aid offers and to collaborate on tuition increases until the DOJ quashed the practice in 1991, alleging anti-trust violations.
