Tuesday, May 5, 2009

Is Kaplan Monopolizing the LSAT Test Prep Market?

According to plaintiffs in a federal antitrust class action, "yes." The Courthouse News Service reports that a class has filed suit against Kaplan, alleging that "[it] met with (nonparty) BAR/BRI in August 1997 and agreed not to buy out BAR/BRI or offer bar review courses if BAR/BRI withdrew its Law School Aptitude Test (LSAT) and other exam prep courses, [conduct which subsequently solidified Kaplan's monopoly in the LSAT test prep market]."

The suit builds upon facts that relate to the subject of a 2005 case which involved both Kaplan and BAR/BRI. In that case, a separate class of plaintiffs alleged essentially the same facts--namely, that the "two companies conspired to give West [Publishing Corp.] a monopoly over its BAR/BRI courses and Kaplan less competition for the classes it sold for the Law School Aptitude Test, or LSAT." However, in that case, the district court ultimately approved a $49 million dollar settlement between the parties.

Using the allegations made in the prior case as indicia of a conspiracy to rid the LSAT test prep market of potential competitors, the plaintiffs in this recent action claim that "Kaplan [has subsequently] remained the 'only company offering full-service LSAT preparation courses at the national level" - more than three times the size of the second-most popular course, The Princeton Review's.'" This, they contend, establishes an antitrust violation separate from that alleged in the prior class action.

Accordingly, the ability of the class to recover assumes that the prior settlement agreement did not "cover the effect of the market allocation agreement upon the LSAT preparation market."

We will keep you updated on any developments in this story.

19 comments:

  1. Testmasters>Kaplan

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  2. I think this will be very interesting. Kaplan does a great job. I think that they have the widest brand recognition among the students I talk to. But I'm always surprised how many things Kaplan is into in general. They even have their own law school.

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  3. Kaplan has their own law school???

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  4. It's called Concord Law School, it's a part of Kaplan University. I'm not sure what it says about their LSAT prep that they opened their own school for people who can't get in elsewhere...

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  5. Soon Atlas LSAT will rival Kaplan. Just wait and see...

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  6. Does anyone know a grad of Concord Law School? Will I be able to get a job at a good law firm if I attend Concord?

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  7. DO NOT go to Concord LS

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  8. Atlas>Testmasters>Kaplan

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  10. lulz at Concord law...it's run by Kaplan

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  11. Regarding the 6/1/09 comment:

    -Somewhat tellingly, Kaplan now owns Atlas LSAT as of the start of 2010. This article is more true than its author even predicted.

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  12. Hey Lsat Guy:

    Do you want to discuss logic/reasoning etc.. with me? Yeah right.. anyone can see that you have no critical thinking or problem solving skills.

    My undergraduate and graduate degrees are from U.C Berkeley; I am a PERSON, 52 yrs and am limited (physically not mentally) Two yrs ago I decided to get a JD and chose Concord law School NOT because "I can't get in elsewhere" as you so unreasonably barked.

    If you had a chance to see me you'd feel pretty lucky yourself. PEOPLE attend online law school for various other motives not because they can't get a reasonable LSAT score. Besides the Black Letter Law approach to teaching law is in, while the outdated Socratic method is on its way out. Find out what scholars are saying about this topic.

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