The Elite Universities Cartel: A History of Anticompetitive Collusion Inflating the Cost of Higher Education

Education and Workforce MarkupsHouse Judiciary Subcommittee on Administrative State, Regulatory Reform, and Antitrust · 2025-06-04 · 119th Congress
The House Judiciary Subcommittee on Administrative State, Regulatory Reform, and Antitrust convened this hearing to examine whether Ivy League universities engage in anticompetitive collusion — through shared financial-aid formulas, limited class sizes, and coordinated pricing — that inflates tuition costs. Begins at 0:19:19
Transcript
Highlights

Title

Judiciary subcommittee examines alleged Ivy League price-fixing and tuition costs

Purpose

The House Judiciary Subcommittee on Administrative State, Regulatory Reform, and Antitrust convened this hearing to examine whether Ivy League universities engage in anticompetitive collusion — through shared financial-aid formulas, limited class sizes, and coordinated pricing — that inflates tuition costs. Witnesses testified on the history of the "Ivy Overlap Group" and "568 Presidents' Working Group," administrative bloat at elite schools, and related antitrust litigation, while Democratic members used the hearing to criticize Republican cuts to Pell Grants, student loans, and research funding. Begins at0:19:19

Who spoke

Chairman (Subcommittee), Mr. Fitzgerald0:19:19: Opened by describing higher education as a $700 billion industry with Harvard's endowment exceeding the GDP of 120 nations0:19:49, and detailed the 1958 "Ivy Overlap Group" price-fixing cartel and its successor, the 568 Presidents' Working Group0:22:180:23:10.

Ranking Member Jerrold Nadler (D-NY)0:25:35: Said Republicans are using antitrust as pretext while voting for a reconciliation bill cutting Pell Grants for up to 4 million students and raising loan costs by $200/month0:27:09; argued the hearing targets schools enrolling under 1% of undergraduates while ignoring the Trump administration's cuts to research funding0:29:090:39:41.

Chairman Jim Jordan (Full Committee)0:32:11: Argued Ivy League schools "set the same general price," extract maximum information from families, and limit class size — behavior he called textbook anticompetitive collusion0:32:110:32:42.

Ranking Member Jamie Raskin (Full Committee, D-MD)0:33:41: Cited Elon Musk calling the reconciliation bill a "disgusting abomination"0:34:08; argued antitrust is being weaponized while Trump family/donor conflicts (e.g., Jared Kushner's Harvard admission after a $500,000 donation) go unexamined0:35:38; later noted witnesses Cooper and Martin admitted they have no evidence of actual price-fixing occurring1:21:51.

Dr. Preston Cooper, American Enterprise Institute0:43:57: Testified Ivy League admissions rates fell from 15% (2002) to 5% (2022) despite rising demand0:46:10; said Ivy tuition is 56–82% higher than average private colleges and only 52% of Ivy students get institutional aid versus 84% elsewhere0:46:39; noted Ivies spend $126,000 per student versus $35,000 at average private colleges0:47:04.

Mr. Scott Martin, Hausfeld LLP0:48:26: Described the 1989 DOJ antitrust suit against overlap-group schools resulting in a 1991 consent decree0:52:40; noted 12 of 17 schools in the 568 Presidents' Group lawsuit settled for roughly $320 million0:53:39; called collusion "the supreme evil of antitrust"0:49:24.

Mr. Alex Shieh, Brown University student0:53:57: Said Brown charges $93,000/year while running a $46 million deficit and employs one administrator per two students0:55:32; described being subjected to a disciplinary investigation after emailing Brown administrators asking what they do0:57:19; called on the committee to subpoena Brown President Christina Paxson0:58:12.

Ms. Julie Margetta Morgan, The Century Foundation0:58:47: Argued Ivy League schools train less than 0.4% of undergraduates, making the inquiry's focus misplaced0:59:33; warned the reconciliation bill would cut Pell Grants for 1.4 million students and raise costs at the community colleges most Americans attend0:59:58; called the hearing's authoritarian parallels concerning1:02:16.

Rep. Darrell Issa (R-CA)1:03:11: Pressed Morgan on whether market share should exempt schools from antitrust scrutiny1:03:24; had Cooper and Martin agree that cartel behavior typically produces higher prices and inefficiency1:06:371:07:05.

Rep. Hank Johnson (D-GA)1:08:26: Asked Morgan to restate her market-size answer to Issa1:08:26; questioned Morgan on how the reconciliation bill and research funding cuts affect low-income students and scientific competitiveness with China1:09:441:13:15.

Rep. Dan Newhouse (R-WA)1:13:38: Compared Ivy League pricing to diamond-cartel scarcity tactics1:14:08; described Washington state cutting tuition 20% under Republican leadership1:15:03; raised concerns about Chinese influence at Harvard and declining college-age population1:17:171:18:16.

Rep. Jamie Raskin follow-up questioning1:19:26: Pressed Shieh on whether he opposes Pell Grant, student loan, and work-study cuts; Shieh said subsidizing education "only increases the cost"1:20:27.

Rep. Suhas Subramanyam (D-VA)1:24:46: Read Cornell Law's definition of horizontal collusion1:24:50; asked Cooper and Martin whether the 568 Group's shared aid formula could still be in use, noting the ongoing Corzo v. Brown litigation in the Northern District of Illinois1:26:341:27:52.

Rep. J. Luis Correa (D-CA)1:29:14: Described his working-class background and reliance on Pell/Cal Grants at Cal State Fullerton1:30:54; questioned why the hearing focuses on elite schools instead of broader public policy1:32:20.

Rep. Lance Gooden (R-TX)1:34:24: Asked Shieh about Brown's response to his inquiries and alleged double standards on disciplining speech versus tolerating campus protests1:34:531:35:19; asked Cooper about endowments versus taxpayer funding1:37:22.

Rep. Harriet Hageman (R-WY), via yielded time to Rep. Nathaniel Moran/Neils (R-TX)1:47:03: Highlighted Brown's one-administrator-per-two-students ratio1:47:24; discussed the new 21% endowment tax and its projected $7–10 billion in annual revenue1:49:571:50:20.

Rep. Jonathan Jackson (D-IL)1:51:29: Argued tuition increases affect all universities, not just the Ivy League, citing over 100% tuition growth at private and public schools over two decades1:51:55; asked Morgan a series of yes/no questions on whether various Republican policies lower tuition1:53:44.

Rep. Kelly Morrison(?)/unspecified North Carolina member1:55:29: Asked Martin whether the expired 568 exemption improved affordability1:55:59; asked Shieh and Cooper about the benefits of expanding Ivy League enrollment1:59:27.

Rep. Hank Johnson (D-GA) continued questioning2:01:56: Disputed Shieh's claims about Brown's discipline and administrator counts2:01:25; argued the hearing is part of Trump's broader "war on facts" and academia2:02:11; asked Morgan about universities' role in protecting democracy2:03:24.

Chairman Jim Jordan (closing questioning)2:06:31: Walked Shieh through Brown's $93,000 tuition times ~7,000 students totaling roughly $700 million in revenue against 3,850 administrators2:06:59; had Martin confirm price collusion is "per se unlawful"2:09:15.

Key moments

Chairman Fitzgerald said Harvard's tuition rose from $600/year in 1950 to nearly $60,000 today, while its class size shrank even as applicants grew 450% between 1978 and 20230:20:550:21:20.

Martin detailed that 12 of 17 schools in the 568 Presidents' Working Group lawsuit settled for approximately $320 million after the case survived a motion to dismiss0:53:391:27:52.

Shieh testified his personal Social Security number was leaked and Brown's Spectator website was hacked after he emailed 385 administrators asking what they do all day, followed by disciplinary charges including "emotional harm"0:57:190:57:49.

Raskin noted that both expert witnesses, Cooper and Martin, explicitly declined to say current Ivy League conduct violates antitrust law, calling the hearing "much ado about nothing"1:21:511:22:19.

Cooper testified Ivy League schools spend $126,000 per student versus $35,000 at average private colleges, with one non-instructional staffer per two students compared to one per six elsewhere0:47:040:47:27.

Morgan and Republican members sparred over relevance: Morgan argued Ivy League policies affect under 0.4% of undergraduates and that federal cuts to Pell Grants and Medicaid pose the bigger affordability threat0:59:330:59:58, while Issa and Jordan argued market share doesn't exempt price-fixing from being "per se unlawful"1:04:172:09:15.

Rep. Gooden's exchange with Shieh: Shieh said Brown dropped disciplinary charges against him and the Brown Spectator's board after finding no misconduct, but he alleged a double standard versus 2023 pro-Palestinian protesters who were arrested for trespassing but not disciplined by the university1:35:191:36:08.

Rep. Neils/Hageman's exchange highlighted the new 21% tax on university endowment investment earnings (up from 1.4%), projected to raise $7–10 billion annually, with Cooper noting the tax rate drops if schools expand enrollment1:49:571:50:41.

Nadler and Correa both invoked personal histories with financial aid (Nadler attended Columbia on full scholarship; Correa attended Cal State Fullerton on Pell/Cal Grants) to argue against cuts to federal student aid0:25:581:31:24.

Jordan's closing math: Brown's roughly $93,000 tuition multiplied by over 7,000 students totals nearly $700 million in annual revenue against 3,850 administrators, most of whom did not respond to Shieh's inquiry about their roles2:06:312:06:59.

Metadata

CommitteeHouse Judiciary Subcommittee on Administrative State, Regulatory Reform, and Antitrust
Chamber / CongressHouse · 119th Congress
Date2025-06-04
TypeHearing
Witnesses
Dr. Preston Cooper — Senior Fellow, American Enterprise Institute
Mr. Alex Shieh — Brown University, Class of 2027
Mr. Scott Martin — Partner, Hausfeld LLP
Ms. Julie Margetta Morgan — President, The Century Foundation
Videoyoutube
Transcript260 caption blocks · 18,661 words · 2:13:09 runtime
EventCongress.gov 118342