On August 7, 2026, the Hon. Angel Kelley of the U.S. District Court for the District of Massachusetts issued two orders largely denying Defendants’ motions to dismiss in an antitrust class action challenging the use of binding Early Decision admissions policies by some of the nation’s most prestigious colleges and universities.
The Court denied in full the colleges’ and universities’ motion to dismiss, allowing Plaintiffs’ claims against the 32 schools to proceed. The Court also rejected the non-Massachusetts Defendants’ argument that they could not be sued in the District of Massachusetts. The Court granted the motion to dismiss filed by the Consortium on Financing Higher Education (COFHE) and the application platforms Common Application Inc. and Scoir Inc., which operates the Coalition App.
Langer Grogan & Diver and Cohen Milstein represent a potential class of students in the action, which alleges that 32 elite colleges and universities participated in an unlawful conspiracy to inflate the cost of higher education through the collective enforcement of binding Early Decision admissions policies.
The lawsuit alleges that these policies restrict students’ ability to compare financial aid offers and negotiate the cost of attendance, enabling participating institutions to charge students more than they otherwise would have paid.
Plaintiffs seek an injunction ending the use of binding Early Decision, damages for students who allegedly paid more for their education as a result of the challenged conduct, and structural reforms concerning how colleges conduct admissions and provide financial aid going forward.
Langer Grogan & Diver and Cohen Milstein will continue to pursue the claims on behalf of the proposed class as the litigation moves forward.
The case is D’Amico v. Consortium on Financing Higher Education, et al., No. 25cv12221 (ED Mass).
Order – Motion to Dismiss, August 7, 2026
Mass. Judge Lets Early-Decision Antitrust Suit Proceed – Law360