Two recent actions by federal antitrust enforcers suggest heightened scrutiny of professional and educational accreditors for anticompetitive practices. The Department of Justice’s Antitrust Division filed a statement of interest in a private lawsuit challenging the American Veterinary Medical Association’s (AVMA) accreditation standards. In the case, plaintiffs have alleged the standards are costly and prevent new veterinary colleges from opening. In a separate matter, the Federal Trade Commission sent a letter to the Texas Supreme Court endorsing a proposed rule removing the requirement that bar applicants graduate from law schools accredited by the American Bar Association (ABA). The AVMA and ABA are the sole accreditors of U.S. veterinary and law schools, respectively.
McCarter partner and former DOJ antitrust attorney Robin Crauthers spoke with the National Law Journal about the cases. She said “The competitive issue that I think both of these cases bring to the forefront is that these two accreditation systems are the only ones in their two markets.” Robin added, “They are monopolists and they are restricting who can enter their field.”
Robin also noted that she would advise associations to start documenting why they have certain accreditation standards and why they are procompetitive and proconsumer. “We’ve seen enough now to say the FTC and the DOJ are watching the accreditation space and the licensing space.”