Publications
The Open Markets Institute filed an amicus brief in State of Ohio v. Google, urging the Fifth District Court of Appeals of Ohio to recognize the state’s authority to designate Google Search as a common carrier—just as courts and legislatures have long done for railroads, telegraphs, telephones, and other corporations that hold themselves out to serve the public.
Read MoreThe 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.
Read MoreThe Open Markets Institute submitted an amicus brief in United States v. Google, urging the court to order Google to divest part of its advertising technology businesses to restore competition and to protect publishers, advertisers, and the public.
Read MoreThe Open Markets Institute filed an amicus brief in the Supreme Court, urging the Court to address Merck’s alleged misrepresentations to the Food and Drug Administration to extend its monopoly in the mumps vaccine market.
Read MoreThe Open Markets Institute filed an amicus brief in the Ninth Circuit Court of Appeals warning that Intuitive Surgical is exploiting its monopoly over surgical robots to dominate markets for essential accessories—posing serious risks to hospitals, doctors, and patients.
Read MoreThe Open Markets Institute filed an amicus brief in Cornish-Adebiyi v. Caesars, a case before the Third Circuit court in which casino hotels in Atlantic City used revenue management software from Cendyn Group to fix prices at high rates.
Read MoreThe Open Markets Institute filed an amicus brief in Ryan v. FTC, marking the second appellate case in which Open Markets has defended the Federal Trade Commission’s (FTC) landmark prohibition on non-compete clauses.
Read MoreThe Open Markets Institute filed an amicus brief with the U.S. Court of Appeals for the Third Circuit, urging the court to grant a rehearing In re Merck Mumps Vaccine Antitrust Litigation. A class of physicians alleged that Merck misled the Food and Drug Administration about the shelf-life of its vaccine and thereby kept out a competing vaccine.
Read MoreThe Open Markets Institute filed an amicus brief in Villages v. FTC, one of two cases that challenge the FTC’s landmark prohibition on non-compete clauses.
Read MoreOpen Markets files amicus brief in algorithmic price-fixing case involving Las Vegas hotels, Gibson v. Cendyn Group.
Read MoreThe Open Markets Institute and its partners filed an amicus brief in the case of FuboTV versus a joint streaming venture between major TV broadcasters including Disney, Warner Brothers, Fox and Discovery, urging the courts to block the new venture that would dominate 80% of live sports content and is slated to begin this fall.
Read MoreThe Open Markets Institute filed an amicus brief in El Koussa v. Campbell, a case before the Supreme Judicial Court of Massachusetts challenging proposed ballot initiatives in Massachusetts concerning whether app-based companies like Uber and Lyft should be allowed to legally classify their drivers as independent contractors.
Read MoreThe Open Markets Institute filed an amicus brief in Ohio v. Google, a case in which the State of Ohio seeks to designate Google as a common carrier under state law in order to stop Google from preferencing it’s own products and services.
Read MoreThe Open Markets Institute filed an amicus brief in two cases currently before the Supreme Court concerning states’ ability to regulate certain companies in the public interest, or as “common carriers”: Moody v. NetChoice and NetChoice v Paxton.
Read MoreThe Open Markets Institute filed an amicus brief in the case
Read MoreThe Open Markets Institute filed an amicus brief in the case of Illumina v. Federal Trade Commission (FTC), urging the Fifth Circuit to deny a petition for review in the case.
Read MoreThe Open Markets Institute legal director Sandeep Vaheesan led a release of the following Amicus Brief regarding the illegal and deceptive work practices of Amazon, backing The District of Columbia’s appeal of their dismissed lawsuit.
Read MoreOn December 9th, the Open Markets Institute joined an amicus brief drafted by the Washington Employment Lawyers Association and Towards Justice concerning the enforceability of arbitration clauses under WA state law.
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