DOJ Concludes Its Probe Of DC Private High Schools Collusion Claims

The Department of Justice announced that it has completed its investigation into whether Georgetown Day School, Holton-Arms School, Landon School, Maret School, National Cathedral School, The Potomac School, St. Albans School, and Sidwell Friends School (jointly, “the Schools”) collectively agreed to stop offering Advanced Placement (AP) courses by 2022 in violation of the Sherman Act.  The Schools announced in June 2018 that they would eliminate AP courses from their curricula by 2022. 

The Antitrust Division’s investigation revealed that the Schools likely did agree to eliminate AP courses by 2022.  Each of the Schools has represented to the Antitrust Division, however, that they are not bound by, and will not enter in the future, any agreement with another non-affiliated school or schools relating to the elimination of AP courses.  As a matter of prosecutorial discretion, and especially in light of the burden on the Schools associated with the ongoing pandemic, the Division will not bring an enforcement action against the Schools.     

“I am pleased that the Schools have disavowed any anticompetitive agreement to coordinate on their offerings to students,” said Assistant Attorney General Makan Delrahim.  “The division will remain vigilant in enforcing the antitrust laws to ensure that educational institutions do not enter into agreements to restrain competition.”

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