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Journal of Student Financial Aid

Journal of Student Financial Aid

Authors

Donald B. Gould

Abstract

The MIT case signals a new era for higher education. Colleges and universities must now conduct their activities in compliance with the antitrust laws. The recent Amendments to the Higher Education Act offer a limited antitrust immunity for certain collective financial aid activities, but all other aspects of higher education are now subject to antitrust scrutiny. As a likely result, prudent college and university officials will adopt antitrust compliance programs to protect against inadvertent antitrust violations that could expose their institutions to private treble damage litigation, or worse.

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