Penn Appeals Judge’s Decision to Proceed to Trial in Price-Fixing Case

On Tuesday, Penn formally contested a ruling issued last month that denied the University’s motion for summary judgment. After the court declined to dismiss the claims at that stage, Penn argued again on Feb. 10 that the lawsuit should be thrown out before reaching a jury.

The case, first filed in 2022, accuses Penn and 16 other universities of participating in what plaintiffs describe as a “price-fixing cartel” that coordinated financial aid practices and reduced aid awards for students. If the remaining institutions are found liable, they and four other universities that have not settled could face damages totaling roughly $2 billion, according to a statement filed in the case.

In their notice of appeal, Penn, Cornell University, Georgetown University, the Massachusetts Institute of Technology, and the University of Notre Dame pointed to a federal antitrust exemption that applies to certain colleges and universities. The schools argued that their conduct was not “unlawful under the antitrust laws for 2 or more institutions of higher education at which all students admitted are admitted on a need-blind basis,” according to a statement included in the filing.

The appealing institutions also said they disagreed with the district court’s assessment that a jury could reasonably conclude there was an agreement among the schools to violate antitrust laws, per a statement in the notice.

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Read more: Indiana Reaches $6.25 Million Settlement in EpiPen Price-Fixing Case

The lawsuit centers on the so-called “568 Presidents Group,” a consortium of selective universities that collaborated on financial aid policies under a temporary exemption from federal antitrust rules. Plaintiffs allege that member institutions used the arrangement to limit competition and inflate tuition prices. Penn and the other defendants have maintained that their actions fell within the bounds of the exemption and did not constitute explicit price fixing, according to a statement from earlier court filings.

In a January motion, Penn further contended that it should be dismissed from the lawsuit because it withdrew from the 568 Presidents Group in 2020. The University cited a formal resignation letter it sent at the time as evidence of its departure, according to a statement in the motion.

Several universities named in the original complaint have already reached settlements, collectively paying nearly $320 million to resolve the claims.

A University spokesperson declined a request for comment.

The appeal arrives amid heightened scrutiny of Penn’s admissions and financial aid policies. In August 2025, a separate lawsuit accused Penn and dozens of other institutions of inflating the cost of attendance through binding early decision programs, according to court filings.

Penn has also defended itself against claims that it unfairly limited financial aid for students with divorced or separated parents. A federal judge dismissed that case in September 2025, ruling that the plaintiffs did not sufficiently demonstrate harm, per a statement from the court’s decision.

Source: The DP