The MIT case signals a new era for higher education. Colleges and universities must now conduct their activities in compliance with the antitrust laws. The recent Amendments to the Higher Education Act offer a limited antitrust immunity for certain collective financial aid activities, but all other aspects of higher education are now subject to antitrust scrutiny. As a likely result, prudent college and university officials will adopt antitrust compliance programs to protect against inadvertent antitrust violations that could expose their institutions to private treble damage litigation, or worse.
Gould, Donald B.
"Antitrust and Higher Education: What Hath Justice Wrought?,"
Journal of Student Financial Aid: Vol. 23
, Article 2.
Available at: http://publications.nasfaa.org/jsfa/vol23/iss1/2