On September 16, 2025, the Supreme Court of Tennessee issued an order soliciting public comments to help the Court assess “its approach to regulation of the legal profession to ensure that all Tennesseans have access to affordable quality legal services.”

On April 30, 2026, consistent with the positions that the Federal Trade Commission (FTC) took in Texas and Florida, the FTC and the U.S. Department of Justice (DOJ) submitted a joint letter to the Supreme Court of Tennessee, encouraging the Court to reduce its reliance on the American Bar Association (ABA) for accreditation of law schools.

Among other things, the agencies argue that reliance on the ABA for accreditation stifles competition—thereby driving up the cost of law school and, correspondingly, the cost of providing legal services.  

The agencies encourage the Supreme Court of Tennessee to consider alternatives for accreditation, while acknowledging that there are “no practical options to fully eliminate the Court’s reliance on ABA accreditation.” It is unclear what impact the agencies’ letter will have on the Court’s determination.

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For additional information about the issues discussed in this Antitrust Byte, or if you have any other antitrust concerns, please contact the attorneys listed on this page or the Epstein Becker Green attorney who regularly handles your legal matters.

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