August 27, 2025
Max Miller never applied to college using early decision, unlike some of his wealthier classmates who were more certain about their first-choice school and able to pay full tuition. Instead, the 21-year-old Californian applied the traditional way, hoping to compare financial aid offers from multiple schools.
Except none came. Miller has a full tuition bill at Washington University in St. Louis—more than $60,000 annually—where he enrolled in 2022.
Miller believes his tuition is artificially high due to colleges’ collusion.
“I’ve clearly been on the unfair end of the admissions process,” said Miller, a named plaintiff in a suit this month that accuses elite colleges of using early decision to raise student costs.
The schools are accused of using early decision to lock in wealthy students who can pay more, giving the schools power to raise tuition and harm more price-sensitive students, such as Miller. Early decision allows applicants to apply early but requires a commitment to attend if accepted.
Universities are grappling with antitrust pressure from private plaintiffs such as Miller, who have accused them of conspiring to raise tuition and limit financial aid. The schools face treble damages and demands for injunctive relief from plaintiffs who claim the schools illegally shared information, inflating tuition.
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Through binding early decision, schools secure a large chunk of students who are less likely to need financial assistance, which in turn leads to less pressure on colleges to compete on top-line tuition prices, said Benjamin D. Brown, co-chair of the antitrust practice at Cohen Milstein Sellers & Toll PLLC, which represents the plaintiffs.
“If you know that half your class will pay whatever price you set, and then the rest of your class has some price sensitivity, you will set your price higher—i.e., full tuition rate—than it would be if everyone was somewhat price sensitive,” Brown said.
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Brown, also Cohen Milstein’s managing partner, stands by the case’s theory, saying colleges haven’t been viewing their collective action through an antitrust lens.
“One consequence of that is a willingness to make broad agreements or understandings with multiple competing entities,” he said.
Read College Collusion Cases Spike as Price-Sensitive Students Sue.