Open Markets Files Amicus Brief Defending Congress’s Constitutional Authority to Limit Presidential Removal Power and Protect the Federal Trade Commission

The Open Markets Institute filed an amicus brief led by Policy Counsel Tara Pincock, Legal Director Sandeep Vaheesan, and Jamie Crooks of Fairmark Partners defending Congress’s authority under the Constitution to restrict the President’s ability to remove officials at executive agencies and departments. The brief argues that Congress, under the Necessary and Proper Clause of Article I, has broad powers to structure the federal government and ensure that the execution of the law remains independent from direct presidential control.

The Corner Newsletter: OMI’s Op-ed with Alvaro Bedoya and Anthropic’s Author Deal (November 4th, 2025)

In this issue, we conclude that Anthropic’s $1.5 billion class action settlement with authors whose pirated works were used to train its AI model will fail to deter the AI industry’s abusive practices.

NewslettersOpen MarketsNovember 4, 20252025, November 2025, Artificial intelligence, FTC, Antitrust Law

The Open Markets Institute Applauds Worker Ric Davidson and Legal Team for Stepping Up to Defend the Federal Non-Compete Ban

The Open Markets Institute commended Texas-based worker Ric Davidson, his counsel at Gustafson Gluek, Burns Charest, and Towards Justice for stepping in to defend the Federal Trade Commission’s landmark ban on non-compete clauses—an essential policy to protect workers’ freedom to change jobs and start new businesses.

Press ReleasesOpen MarketsOctober 31, 2025October 2025, 2025, FTC, Law, Non-Compete, Sandeep Vaheesan, Secondary Feature

Project Syndicate - The Trump Administration’s Latest Assault on Workers

Legal director Sandeep Vaheesan co-authors a piece with Alvero Bedoya, former commissioner at the Federal Trade Commission, and current Senior Adviser at the American Economic Liberties Project, arguing that the Trump administration’s suspension of the FTC’s non-compete ban represents a major setback for American workers, reversing one of the most significant pro-labor reforms in decades and reinforcing corporate control over the labor market.

The Corner Newsletter: The End of Antimonopoly? And the Future of Non-Compete Bans ( August 19th, 2025)

In this issue, we discuss President Trump’s “revocation” of President Biden’s Executive Order on Competition. And we describe how the fight to defend FTC’s 2024 ban on non-compete clauses has moved to the states.

A Revival of Nondomination in Antitrust Law

Legal director Sandeep Vaheesan’s article in The George Washington Law Review argues that reviving the principle of nondomination in antitrust law is essential to curbing corporate coercion and empowering workers.

Tech Policy Press - Where Does Trump's Takeover of the FTC Leave the Regulation of Big Tech?

Executive director Barry Lynn criticizes the new FTC leadership shift, saying President Trump is prioritizing the interests of powerful corporations over those of the American public.

ClippingsOpen MarketsMarch 31, 20252025, March 2025, Barry Lynn, Politics, FTC

The Guardian - Lina Khan’s legacy could prove to be fragile as Trump pick takes helm of FTC

Executive director Barry Lynn was referenced in The Guardian article discussing Lina Khan's legacy at the Federal Trade Commission (FTC). Lynn critiques Khan’s tenure, highlighting the complexities and challenges faced in advancing antitrust policy under her leadership, particularly in relation to corporate concentration and Big Tech's influence.

ClippingsOpen MarketsJanuary 19, 20252025, Barry Lynn, FTC, Politics, january 2025

The Corner Newsletter: Kanter departs, RPA Returns, and Trump’s First Big Challenge from China (December 20, 2024)

In this issue, we celebrate AAG Kanter’s record and the FTC’s restoration of the Robinson-Patman Antitrust law. We also explore how China is using its dominance of key minerals to challenge President-elect Trump’s policies even before he takes office.

NewslettersOpen MarketsDecember 20, 2024DOJ, Big Tech, Politics, FTC, Secondary Feature, Audrey Stienon

Open Markets Applauds FTC’s Decision to Empower Puerto Rico’s Independent Pharmacies

On Monday, December 9, the Federal Trade Commission (FTC) modified a 12-year-old consent order that previously prohibited independent pharmacies in Puerto Rico from collectively bargaining with pharmacy benefit managers (PBMs) and insurers.

Press ReleasesOpen MarketsDecember 19, 20242024, December 2024, Wins, Health, Sandeep Vaheesan, FTC, Secondary Feature

Open Markets Urges European Commission to Investigate Nvidia’s Planned Acquisition of Run:ai

The Open Markets Institute, alongside eight partner organizations, has made a detailed submission to the European Commission, urging it to fully investigate U.S. chipmaker Nvidia’s planned acquisition of workload management startup Run:ai.

Washington Monthly - How the Washington Monthly Mentors the Next Generation of Leaders

Policy director Phillip Longman explains howThe Washington Monthly's role in mentoring future leaders, like Lina Khan, by providing a platform for impactful journalism that helped lay the groundwork for reshaping U.S. antitrust policy.

Op-EdsPhil LongmanDecember 13, 2024December 2024, 2024, FTC, Antitrust Law, Competition Law & Philosophy, Secondary Feature

Open Markets Institute Statement on the FTC’s Lawsuit Reviving the Robinson-Patman Act

In response to the Federal Trade Commission initiating a lawsuit against Southern Glazer’s Wine and Spirits, LLC for engaging in unlawful price discrimination, the Open Market Institute's senior legal analyst Daniel Hanley issued a statement.

The Corner Newsletter: Big Tech Fight Moves to States (December 06, 2024)

In this issue, we take a look at how the fight to rein in Big Tech giants is moving to the states as the future for antitrust enforcement remains uncertain under the incoming Trump administration and Republican-controlled Congress.

NewslettersOpen MarketsDecember 6, 2024DOJ, Google, Big Tech, Austin Ahlman, Politics, FTC, Health, Sandeep Vaheesan, Secondary Feature

Bloomberg - Lina Khan Is Just Getting Started (She Hopes)

Executive director Barry Lynn argues that regulations limiting the power of large brewers have fostered competition and innovation in the U.S. beer industry, similar to how laws helped diversify the wine market.

ClippingsOpen MarketsNovember 9, 20242024, November 2024, FTC, Barry Lynn

Tech Policy Press - Perspectives on US Tech Policy After November

Executive director Barry Lynn contemplates if Trump would allow Lina Khan to remain as FTC chair, given his corporate-aligned motives rather than genuine populism.

ClippingsOpen MarketsOctober 14, 20242024, Barry Lynn, October 2024, Technology & Power, FTC, Politics

Legal Talk Network - THE FTC, Noncompete Ban, and the Recent Ruling

Legal director Sandeep Vaheesan speaks on this podcast episode to discusses the Federal Trade Commission's (FTC) ban on noncompete clauses, which prevent workers from taking jobs with competitors and a recent court ruling that temporarily blocked the ban.

ClippingsOpen MarketsAugust 30, 20242024, Sandeep Vaheesan, FTC, Labor, August 2024

Reuters - Kroger case tests FTC Chair Khan's bid to protect workers

Food program manager Claire Kelloway argues that the Kroger-Albertsons merger would likely lead to store closures, job losses, and reduced wages for workers, emphasizing the need for the Federal Trade Commission to consider these labor impacts in its antitrust review

ClippingsOpen MarketsAugust 26, 2024August 2024, 2024, Claire Kelloway, FTC, Food & Agriculture

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