United States v. Brown University in Providence in the State of Rhode Island

OPINION OF THE COURT

COWEN, Circuit Judge.

The Antitrust Division of the United States Department of Justice (“Division”) brought this civil antitrust action against appellant Massachusetts Institute of Technology (“MIT”) and eight Ivy League colleges and universities. The Division alleged that MIT violated section one et seq. of the Sherman Anti-Trust Act, 15 U.S.C. § 1 et seq., by agreeing with the Ivy League schools to distribute financial aid exclusively on the basis of need and to collectively determine the amount of financial assistance commonly admitted students would be awarded.

The…