Consortium Call Of The Month

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Answer:

Question:

A handful of independent schools in California are jointly considering eliminating AP and IB Courses over the next few years. One of these schools asked LCW if there are any concerns with doing this.

In January 2021, the Department of Justice concluded an investigation into eight different independent schools in the Washington, D.C. Metro Area after the schools agreed to stop offering Advanced Placement courses by 2022. The Department of Justice considered whether the schools’ joint decision violated the Sherman Act, an antitrust law that requires free competition. The Antitrust Division’s investigation revealed that the schools likely did agree to eliminate AP courses by 2022, but each school told the Antitrust Division that they were not bound by any agreement with the other schools, presently or in the future. In light of the investigation, the Antitrust Division did not bring an enforcement action against the schools.

The attorney advised the School of the recent investigation by the Antitrust Division and told the School that it may consider coming to this decision on its own, rather than in conjunction with other schools. If the School does decide to make a joint decision with other schools, it should ensure that all schools are not bound by the agreement if they change their policies in the future.