In September of 2023, The Atlantic published an article by Georgetown Law Professor and Open Markets Institute scholar, Caroline Fredrickson, entitled “What I Most Regret About My Decades of Legal Activism.”
The article sent the legal establishment spinning by revealing how the Supreme Court’s reversal of Roe and other abridgments of civil liberties are in many ways a direct result of a failure to sufficiently understand and oppose conservative assaults on business regulation, unions, class-action lawsuits, and–especially–antitrust enforcement. Specifically, Fredrickson revealed the workings of a judicial strategy that monopolists and cultural conservatives have used over the last 40 years to restrict or even destroy many fundamental American social and political liberties.
The mission of the Law and Political Economy Program at Open Markets is to undo this damage by breaking the Right’s chokehold on the judiciary and restoring pro-democracy regulation to political economic law and enforcement. To do this, the program’s early work and scholarship focuses on exposing pro-corporate philosophies and the ways in which conservative activists and funders have embedded them in our institutions.
In July, Tongsang, the South Korean trade magazines, featured an interview with Audrey Stienon, OMI’s industrial policy program manager, as part of the cover story on digital trade. The following is the full text of that interview.
Transportation analyst Arnav Rao argues that restoring the Jones Act and enforcing antitrust laws are essential to reviving American shipbuilding and reducing dependence on foreign shipping cartels .
Senior legal analyst Daniel Hanley and industrial policy program manager Audrey Stienon provide insight that to achieve democratic and resilient economies during periods of transition, governments must integrate competition policy into industrial strategy to prevent monopolies, curb corporate resistance to change, and ensure broad, equitable market outcomes.
Chief Economist Brian Callaci testified at the Portland (OR) City Council in support of a proposed ban on algorithmic price-fixing in the city’s housing market.
Barry Lynn authors Harper's October 2024 cover story, "The Antitrust Revolution: Liberal democracy’s last stand against Big Tech."
Open Markets strategic counselor Caroline Fredrickson discusses the resilience of Biden and his administration in gaining achievements of positive reform in the Supreme Court, all with fewer advantages than Trump.
Open Markets strategic counselor Caroline Fredrickson writes a piece on her own personal experience with involvement in legal activism, and what she has recognized along the way.
Open Markets strategic counselor Caroline Fredrickson explores a decision made by the majority of the justices decided to rewrite the Clean Water Act despite its professed belief in narrowly interpreting statute.
Open Markets strategic counselor Caroline Fredrickson confronts the contradictory practices of conservative jurists that demand “textualism” to get what they want, except when a statute’s words thwart their desired goal.
Executive director Barry Lynn spoke at The 2025 Antitrust and Competition Conference, hosted by the Stigler Center at the University of Chicago Booth School of Business.