As Emory University’s tuition increased to $67,080 and Early Decision I (EDI) applications rose 22%, Emory University is one of 32 institutions now facing a new antitrust lawsuit filed in the U.S. District Court of Massachusetts. Two current undergraduate students and two graduates of U.S. colleges filed the lawsuit against the higher education institutions on Aug 8.
The complaint claims these institutions violated Section One of the 1890 Sherman Antitrust Act by reducing competition among students in the EDI round of undergraduate applications. According to the complaint, through the Early Decision process, colleges and universities have created a system that impairs students’ ability to negotiate for financial aid. Section One of the Sherman Act prohibits conspiracies among organizations to reduce competition, such as price fixing.
EDI and EDII are binding admission programs in which prospective students receive an earlier acceptance or rejection. At Emory, students can apply to Emory College or Oxford College, or apply to both and obtain entry to one, neither or both campuses. The binding component of a prospective student’s acceptance requires that Emory deliver “adequate” financial aid to the prospective student.
The lawsuit alleges that colleges and universities have offered inflexible contracts that disproportionately harm lower-income students in the EDI plan. The plaintiffs argue that students lose the ability to compare price offers and negotiate aid when they enter these agreements, making EDI less accessible for these students. In turn, the suit explains that this reduces competition for wealthier students. During the 2024-2025 application cycle, Emory’s EDI acceptance rate was 31% compared to its overall acceptance rate of 14.95% when including EDII and regular decision.
The lawsuit also alleges that some colleges and universities share lists of admitted students, limiting competition by reducing the amount of financial aid or other incentives that other schools offer students. Additionally, the lawsuit claims that programs, including the Consortium on Financing Higher Education, Common Application Inc. and Scoir Inc., which are organizations involved in the undergraduate application process, offer avenues through which schools can share information. Additionally, the lawsuit cites a vice provost at a “non-defendant institution” who told the plaintiffs that they are certain that “schools that offer Early Decision collude by sharing Early Decision admission information.” The plaintiffs argue that this collusion between colleges and universities works to limit competition for EDI and make acceptance to schools via regular decision more difficult. The plaintiffs are seeking an injunction to halt these actions and financial compensation for the students attending these institutions.
The plaintiffs estimate that grants and aid could have partially covered tuition for tens of thousands of students over the past few years if colleges and universities had complied with the Sherman Act.
Assistant Vice President of University Communications Laura Diamond declined to comment on the lawsuit.
Senior Vice President for Communications Cass Cliatt at Brown University (R.I.) wrote in a statement to The Brown Daily Herald that the lawsuit does not have merit. In addition, Brown stated it was ready to defend itself against such allegations.
“Brown has always made decisions about its admissions processes and financial aid independently as part of the University's longstanding commitment to enhancing access to the benefits of a Brown education regardless of socioeconomic circumstances,” Cliatt wrote.
Previously, Emory settled a financial aid price-fixing lawsuit for $18.5 million in January 2024. Plaintiffs alleged that Emory, among 17 colleges and universities, limited competition for financial aid by participating in a group called the 568 Presidents Group. In November 2024, Emory faced another antitrust lawsuit for allegedly colluding to inflate tuition prices of students with divorced parents, which plaintiffs also claimed violated the Sherman Antitrust Act. A judge has yet to issue a decision and the lawsuit remains ongoing in the U.S. District Court for the Northern District of Illinois
The concern over Emory and other colleges’ rising tuition comes adter Emory’s tuition rose by 5.8% for this upcoming school year, an overall rise of 26.4% in the last five years. Tuition has increased from $53,070 to $67,080 between 2020 and 2025, and total costs, including tuition, fees, room and board, have surged from $69,440 to $88,536 in the same period.
Amid these tuition increases, the Class of 2029 also saw a record-breaking 22% increase in EDI applications.
Jacob Muscolino (he/him) (28C) is a News Editor at The Emory Wheel. He is from Long Island and plans to major in History and Psychology. Outside of the Wheel, he is involved in Emory Reads and Emory Economics Review. You can often find Jacob watching the newest blockbuster for his Letterboxd, dissecting The New York Times and traveling to the next destination on his bucket list.
