Publications
Open Markets Institute joins Public Rights Project and 14 other civil rights, gender justice, and worker rights organizations in filing an amicus brief in support of the case brought by California Attorney General, City of San Francisco, City of Los Angeles, and City of San Diego against Uber and Lyft for misclassifying drivers.
Read MoreOn August 3, 2020, the Open Markets Institute submitted an amicus brief in the Court of Appeals for the Fifth Circuit describing the harms of tying arrangements and the legal restrictions on the practice. Jay Forester, at Forester Haynie in Dallas, generously served as the Open Markets Institute’s local counsel and filed the brief.
Read MoreOn February 2, 2020, the Open Markets Institute filed an amicus curiae brief in the Supreme Court in the State of Montana urging the Montana Supreme Court to hold all non-competes to be unenforceable.
Read MoreOpen Markets Institute filed an amicus brief in support of theFederal Trade Commission in its case against Impax Laboratories. In our brief, we argue that pay-for-delay agreements are a form of per se illegal, horizontal market allocation agreements that seek to prohibit market entry and thus harm market competition.
Read MoreOn December 16, 2019, Open Markets Institute filed an amicus curiae brief in the Fifth Circuit Court of Appeals in support of the Federal Trade Commission (FTC) in its suit against generic drug maker Impax Laboratories.
Read MoreOn November 27, 2019, the Open Markets Institute filed an amicus brief in the Ninth Circuit Court of Appeals in support of the Federal Trade Commission's anti-monopoly suit against Qualcomm, the biggest government anti-monopoly case since Microsoft.
Read MoreOn October 30, 2009, Open Markets Institute, Change To Win, the National Employment Law Project, and Professors Marshall Steinbaum, Sanjukta Paul, and Veena Dubal filed an amici curiae brief supporting current and former college basketball and football players in their antitrust suit against the National Collegiate Athletic Association (NCAA).
Read MoreOpen Markets Institute filed an amicus brief in support of PNE Energy Supply in its lawsuit against Eversource Energy and Avangrid, Inc. on October 25, 2019. The two energy corporations are accused of abusing their monopoly power to gouge prices for consumers in New England.
Read MoreOn October 3, Open Markets Institute joined a group of public interest groups and one union to file a petition before the Federal Communications Commission (FCC) to put the T-Mobile/Sprint merger on hold.
Read MoreOpen Markets filed an amicus brief in support of thousands of immigrant shepherds who allege they are the victims of a cartel among ranchers in the Western United States. The shepherds – here on a guest worker program from Peru – in 2015 sued the ranchers and their associations for colluding to suppress their wages.
Read MorePublic Justice, the American Association for Justice, and Open Markets Institute filed an amicus brief on August 9 to the Ninth Circuit U.S. Court of Appeals in support of a consumer antitrust class action lawsuit against Qualcomm.
Read MoreOpen Markets Institute filed an amicus brief to the Seventh Circuit Court in support of the plaintiffs in Marion Diagnostic Center v. Becton, Dickinson & Co. The plaintiffs, who are health care providers, allege that Becton, Dickinson & Co. illegally dominated the markets for conventional syringes, safety syringes, and safety IV catheters.
Read MoreThe Open Markets Institute, the AFL-CIO, Service Employees International Union (SEIU), and over 60 other signatories — including labor organizations, public interest groups, and legal scholars — have filed a demand to the Federal Trade Commission (FTC) to ban worker non-compete clauses.
Read MoreOpen Markets filed an amicus brief to the Court of Appeals for the First Circuit in support of New England residents in Breiding v. Eversource Energy.
Read MoreOpen Markets filed an amicus brief in the Supreme Court in support of the petitioner in Tennessee Wine and Spirits Retailers Association v. Byrd asserting that the Supreme Court should restore the states’ full regulatory authority, under the Constitution, over alcohol production and distribution.
Read MoreToday, the Open Markets Institute filed an amicus brief in the Supreme Court in support of the respondents in Apple, Inc. v. Pepper. In this case, the Court will decide whether iPhone users can sue Apple for damages resulting from the company’s monopolization of the distribution of iPhone apps.
Read MoreRead the amicus curiae brief of the Open Markets Institute in UFCW v. Novartis here. The class action monopolization suit alleges that, in order to keep its monopoly over the cancer treatment drug Gleevec, Novartis illegally obtained a patent by submitting false information about the drug's active ingredient to the Patent Office.
Read MoreRead the amicus curiae brief filed by the Open Markets Institute amicus curiae in support of the U.S. government's appeal of the lower district court's decision allowing the merger.
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