AFSCME 3357-HOF'S BLOG

BAR/BRI, West and Kaplan sued for antitrust violations

"BAR/BRI agreed to close its Law School Aptitude Test (LSAT) preparation course from the market in which Kaplan was the dominant competitor. Kaplan, in turn, agreed not to enter the full-service bar review business, in which BAR/BRI was the dominant competitor. The two companies then entered into an agreement to work together "strategically" to enhance Kaplan's share of the LSAT market and to increase BAR/BRI's control of the bar review market.

The complaint further alleges that at the time this agreement was entered into, Kaplan had entered into a letter of intent to acquire bar review materials and begin bar review courses across the country in competition with BAR/BRI. After Kaplan worked out its market division arrangement with BAR/BRI, it unilaterally terminated that agreement and abandoned all plans to compete against BAR/BRI. As a result, competition has been dramatically reduced, and law students and lawyers have overpaid substantially for their bar review courses ever since. "


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