But Who Are the Victims? Reassessing the 568 Higher Education Cartel

ABSTRACT Thirty prestigious independent American institutions of higher education were at some time members of the 568 higher education group (often labeled a cartel). Seventeen of them were sued by the U.S. Government and representative students who alleged that their meetings and deliberations resulted in collusion that caused students to pay higher prices. Twelve of the seventeen institutions subsequently settled their cases and by 2024 collectively had paid $284 million to do so. However, an inspection of these institutions' pricing reveals that the median 568 Group institution lowered its average real net annual cost to its undergraduate students by 19.07% between 2009 and 2022. Further, this reduction was 1.70 times larger than the average real price reduction granted during the same period by the median institution among a sample of 475 other accredited, non‐profit, independent four‐year institutions and 11.63 times larger than the median price reduction granted by 78 public flagship state universities. The 568 group's real price reductions stretched across every one of the five household income categories commonly used by the Government. Thus, there is little empirical support for the allegations that the Government has levied against the representative 568 group institution, and thus multiple members of this group appear to have paid unmerited fines to the Government to settle claims against them.