Amicus Briefs

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Open Markets Files Amicus Brief to US Supreme Court in Support of Petitioner in Tennessee Wine and Spirits Retailer Association v. Byrd

Date Published: November 20, 2018

“Government—federal, state, and local—constructs and structures markets. All markets therefore reflect the political and moral concerns of the sovereign of the state, which in this case is the people of the United States expressing their wishes through an amendment to the Constitution,” writes the Open Markets Institute in its amicus brief in Tennessee Wine and Spirits Retailers Association v. Byrd. Read the full brief here.

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Open Markets Files Amicus Brief to First Circuit Court of Appeals regarding UFCW Unions and Employers Midwest Health Benefits Fund v. Novartis

Date Published: September 24, 2018

Read 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. 

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Open Markets Files Amicus Brief in State of Ohio v. American Express

Date Published: December 15, 2017

By introducing a special rule for “two-sided” markets, the Second Circuit needlessly departed from a longstanding approach to antitrust law. Its new rule greatly raises the burden that a plaintiff in the “twosided” market context must carry at the very earliest stage of litigation. Not only is the new rule unjustified, it is pegged to a concept that is contested and ill-defined. Defendant companies ranging from airlines to chicken processors could reasonably claim that they meet the definition of “two-sided,” winning themselves more favorable judicial review.

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