In December 2019, following a two-year investigation, the U.S.
Department of Justice's Antitrust Division (DOJ) sued the
National Association for College Admission Counseling (NACAC),
alleging that certain rules in NACAC's Code of Ethics and
Professional Practice violated federal antitrust law by limiting
competition among member colleges for student applicants.
The provisions at issue were:
- A rule that prohibited members from
offering incentives (e.g. enhanced financial aid, special
scholarships or housing) to applicants admitted through the early
decision process;
- Two provisions that restricted
members from recruiting and offering enrollment incentives to
students who were already enrolled, registered, declared their
intent, or submitted contractual deposits to other institutions.
One of these provisions also established May 1st as the date that
commitments become final, and restricted members from recruiting
committed students after this date.
