The National Association for College Admission Counseling (“NACAC”) has entered into a settlement with the United States Department of Justice relating to its rulemaking practices.
On December 12th, 2019, the United States filed a federal civil antitrust Complaint alleging that NACAC established rules that restricted its members’ ability to recruit college applicants and transfer students in violation of Section 1 of the Sherman Act, 15 U.S.C. 1. At the same time, the United States filed a proposed settlement that prohibits NACAC from entering into, maintaining, or enforcing such rules.
As part of its settlement with the United States, NACAC confirmed that it has withdrawn any offending rule already in place.
The Final Judgment, which was recently entered by a federal district court, is effective for seven years unless the United States notifies the court and NACAC that its continuation is no longer necessary five years after the Final Judgment is entered.
