The shortcomings of the Sherman Act as it relates to private accrediting are examined in order to assist courts in minimizing the anticompetitive features of accreditation and maximizing its procompetitive benefits. A lack of clear legal principles to guide factual analysis and to facilitate the granting of summary judgment in appropriate cases has led to unfocused and protracted litigation.
Clark C. Havighurst & Peter M. Brody,
Accrediting and the Sherman Act,
57 Law and Contemporary Problems
Available at: http://scholarship.law.duke.edu/lcp/vol57/iss4/10