The Elite Universities Cartel

Economic and Commercial Law

2025-06-04

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Source: Congress.gov

Summary

The congressional hearing convened to discuss alleged collusion and anti-competitive practices within Ivy League higher education institutions, focusing on rising tuition costs and their impact on students [ 00:25:57-00:27:09 ]

. While some members raised concerns about historical price-fixing and administrative bloat, others criticized the hearing's narrow scope, arguing it distracts from broader affordability issues and partisan political agendas [ 00:33:11-00:33:17 ] [ 00:42:59-00:43:10 ] .

Antitrust Concerns and Collusion History

Speakers alleged that Ivy League schools have a history of coordinating pricing practices to avoid competition, notably through the "Ivy Overlap Group" formed in 1958 to fix financial aid calculations [ 00:29:03-00:29:20 ]

. This led to an antitrust lawsuit by the Department of Justice in 1989 and subsequent settlements [ 00:29:27 ] [ 00:29:30 ] . Congress then granted an antitrust exemption in 1994, provided schools did not consider a student's ability to pay [ 00:29:35 ] . However, a new "568 President's Working Group" was formed in 1999 with similar goals of a shared financial aid formula [ 00:29:42-00:30:00 ] . Current and former students have filed class-action lawsuits alleging continued collusion on financial aid, even after the exemption expired in 2022, with some schools settling for significant amounts [ 00:30:16-00:30:37 ] . Witnesses noted that such behavior, if proven, constitutes per se unlawful antitrust activity [ 01:05:30 ] .

Rising Costs and Administrative Bloat

Multiple speakers highlighted the dramatic increase in college tuition, with Ivy League schools charging over $100,000 per year and tuition and textbooks rising over 180% nationally [ 00:27:16-00:27:31 ]

. Despite multi-billion dollar endowments, these institutions are accused of limiting class sizes to maintain exclusivity and inflate prestige, rather than expanding access [ 00:28:22-00:28:44 ] . A significant concern raised was "administrative bloat," with Ivy League schools employing one non-instructional staff member for every two students, compared to other private colleges having one for every six students [ 01:01:50-01:01:58 ] . This high administrative spending is seen as fueling higher tuition costs and leading to institutional inefficiencies [ 01:07:02 ] .

Impact on Students and Access

The high costs and limited admissions are seen as denying opportunities, particularly for middle-class students, despite Ivy League degrees potentially boosting lifetime earnings . One student witness, Mr. Alex Shieh, described being a legacy student from a wealthy family, yet highlighted how financial aid policies often fail lower and middle-income students, forcing them into debt or away from elite institutions [ 00:59:27-00:59:49 ]

. There was a contentious debate regarding federal aid programs like Pell Grants, with some arguing they subsidize rising costs and others stressing their crucial role in college access for low-income students [ 00:33:26-00:33:32 ] .

Critiques of the Hearing's Focus

Democratic members heavily criticized the hearing, viewing it as a politically motivated attack on academic institutions rather than a serious attempt to address college affordability [ 00:33:11-00:33:14 ]

[ 00:42:59-00:43:10 ] . They argued that focusing on the Ivy League, which educates a tiny fraction of U.S. students, diverts attention from the broader crisis of tuition costs at public and community colleges . These members also accused Republicans of hypocrisy, pointing to their votes for budget cuts to student loan programs, Pell Grants, Medicaid, and SNAP, which would further undermine access to higher education for low-income families [ 00:33:26-00:33:41 ] . Some suggested the hearing aligns with a "Trump administration's all-out assault on education and research" and "authoritarian playbook" to control academic freedom .

Tone of the Meeting

The meeting was marked by a sharply partisan and often confrontational tone [ 00:33:11-00:33:14 ]

[ 00:41:57-00:42:00 ] . Republican members expressed strong condemnation of Ivy League institutions' alleged anti-competitive practices, accusing them of collusion and excessive administrative spending [ 00:27:09-00:27:16 ] . Conversely, Democratic members vociferously criticized the hearing's premise, framing it as a politically motivated "sham" and a "distraction" from the real issues of college affordability and federal aid cuts [ 00:33:11-00:33:14 ] [ 00:42:59-00:43:10 ] . There were heated exchanges, particularly during questioning of witnesses, and accusations of hypocrisy and "culture war" tactics were prevalent . The discussion frequently veered into broader political critiques of budget policies and the Trump administration's stance on academia [ 00:33:26-00:33:41 ] [ 00:43:17-00:43:31 ] .

Participants

Transcript

Objection.  The chair is authorized to declare recess at any time.  We welcome everyone to today's hearing on collusion in higher education.  Without objection, I ask unanimous consent for Mr. Nails to be permitted to participate in this hearing to question the witnesses if a member yields him time for that purpose, of which I will yield him five minutes.  I'll now recognize myself for an opening statement.   According to the National Center for Education Statistics, U.S.  colleges and universities are a $700 billion industry.  Harvard Endowment alone, which stood north of $50 billion as of 2023, is larger than the GDP of 120 nations.  Six of the eight Ivy League schools have endowments exceeding $10 billion.   Ivy League schools should be competing to offer the best product at the best price possible.  Instead, they collude to raise prices and spend their inflated cartel earnings on administrative bloat.  According to the Bureau of Labor Statistics, while products like cars, clothing, and TVs have become more affordable as businesses reduce costs to attract buyers, the cost of college tuition and textbooks has risen by more than 180%   and respectively continues to go higher.  Today, the cost to attend an Ivy League school can exceed $100,000 per school year.  Ever since the Ivy League was established in the 1950s, these schools have been focused on exclusivity, maximizing profits and artificially inflated prestige rather than expanding access to education and serving students.  In 1950,   Harvard charged $600 a year for tuition.  Today, that number is nearly $60,000.  Not only has tuition skyrocketed, but these schools are also deliberately keeping class sizes small to maintain exclusivity and inflate their perceived prestige.
Between 1978 and 2023, while the US population grew by just 50%,   and the number of applicants increased by 450 percent, Harvard reduced its class sizes by 258 seats.  Across all Ivy League schools, demand has steadily increased, yet admissions remain flat.  As you can see from the graph displayed, although each Ivy League school on average receives more than 50,000 applications, it accepts less than 2,000 students per year.   These price increases and shrinking class sizes are not coincidental.  Ivy League schools have a history of coordinating pricing practices to avoid competing on cost.  In 1958, MIT and the eight Ivy League schools formed what is widely known as the, quote, Ivy Overlap Group, a cartel to fix prices.   These schools agreed to use a shared formula for calculating financial aid, ensuring students admitted to multiple schools would pay the same price no matter where they went.  In 1989, the Department of Justice began investigating these practices and ultimately filed an antitrust lawsuit.  By 1993, all nine schools had settled.   In response, Congress adopted Section 568 of the Improving America's Schools Act of 1994, granting colleges an antitrust exemption, provided they did not consider a student's ability to pay while making admissions decisions.  In 1999, elite schools formed a new cartel, the 568 President's Working Group.  The goal was the same, to create a shared financial aid formula   and not compete for students based on price.  Even with a legal exemption, these elite schools still chose profit and prestige over access and fairness.
In 2022, former students sued many of the Ivy League schools for colluding on financial aid formulas that favored wealthy applicants.  In one internal document uncovered through Discovery,   A college administrator complained about not being able to find enough qualified students with well-off parents to pay the high sticker prices.  She said, quote, sure hope the wealthy next year raise a few more smart kids.  Ivy League schools can maximize the price paid by each student using detailed financial data collected through the college scholarship services profile or the CSS profile.   It is a comprehensive financial aid form that most colleges do not require.  The CSS profile gives these schools access to sensitive information, including family home ownership, savings and retirement accounts, and more.  With that information, they can determine how much a prospective student's family can apparently afford to pay and then charge them that amount.   Despite valuing their degrees at nearly $400,000, having multi-billion dollar endowments and receiving billions more in taxpayer funding, these schools don't prioritize accessibility or quality of education.  They prioritize profit and prestige.  And even though the Ivy League schools no longer have an antitrust exemption to coordinate on pricing, tuition continues to skyrocket.   By setting the industry standard for tuition, the Ivy League creates an umbrella effect that allows other colleges to charge more than they could in a competitive market.  Today, we are starting an overdue conversation about how the Ivy League's anti-competitive practices may harm students, taxpayers, and ultimately our country's future.  I want to thank the witnesses again for appearing before us today, and I look forward to your input.

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