Penn challenged a judge’s ruling that it must face trial in an ongoing price-fixing lawsuit on Tuesday.
After a judge denied the University’s motion for summary judgment last month, Penn argued again on Feb. 10 that the case should be dismissed without holding a jury trial. The lawsuit — which accuses Penn and 16 other universities of forming a “price-fixing cartel” that colluded to decrease financial aid awards — was filed in 2022.
If found guilty, Penn and the four other universities yet to settle could face approximately $2 billion in damages.
A University spokesperson declined The Daily Pennsylvanian’s request for comment.
In the notice, the appealing universities — Penn, Cornell University, Georgetown University, the Massachusetts Institute of Technology, and Notre Dame University — cited a legal exemption, arguing their actions were 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.”
The defendants also wrote that they disagreed with the district court’s conclusion that a jury could reasonably find agreement in the case.
The initial lawsuit alleged Penn and other institutions in the “568 Presidents Group” — a group of elite universities that coordinated financial aid principles under a temporary antitrust exemption — suppressed competition and inflated tuition prices.
Penn and the remaining defendants argued in a January motion that their conduct was lawful because it did not amount to explicit price fixing. The University also claimed that it should be dismissed from the case because it withdrew from the group in 2020 and referenced a formal resignation letter it sent at the time.
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Several universities originally named in the lawsuit previously reached settlements totaling nearly $320 million.
Penn’s appeal comes as the University’s financial aid and admissions practices have recently faced additional legal scrutiny.
A lawsuit filed in August 2025 accused Penn and dozens of other universities of artificially inflating the cost of attendance through binding early decision admissions.
Penn also previously faced a lawsuit claiming the University unfairly suppressed financial aid packages for students with divorced or separated parents. A federal judge dismissed the case in September 2025, ruling the plaintiffs failed to adequately allege harm.
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Senior reporter Arti Jain covers state and local politics and can be reached at jain@thedp.com. At Penn, she studies economics and political science. Follow her on X @arti_jain_.
