Competition Philosophy

Public policies structure markets in ways that can make them open and competitive at one extreme or closed and cornered at the other. The most familiar example are anti-trust laws. But competition policy also includes patent laws, occupational licensing requirements, prohibitions on price discrimination, “net neutrality” regulations, and other policies that set the terms of competition within any market.

When American Capitalism Meant Equality

Date Published: May 14, 2019

American capitalism used to mean economic equality and security. When I mention this in speeches or talks today, this observation prompts laughter, or outright disbelief. But it’s true. Americans used to believe economic equality was foundational to our political system. That America—at least for those considered citizens—carried with it an implicit promise of rough commercial equality. How did this notion change so radically?

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Open Markets Applauds Supreme Court in Apple v. Pepper

Date Published: May 13, 2019

“This is an important win in the public’s fight against monopoly in the tech sector and elsewhere,” said Open Markets Legal Director Sandeep Vaheesan. “The Court followed its own precedent and the plain text of the Clayton Act and rejected Apple’s specious attempt to exempt itself and other monopolists from consumer antitrust suits for damages.”

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A Charter for a Clean, Democratic Future

Date Published: May 12, 2019

While the world has failed to make significant progress in combating climate change over the past decade, the prospect for real action looks very promising today. Proponents of a Green New Deal aim not to nudge the current energy economy toward carbon neutrality but to restructure the production, distribution, and use of energy. Even as it represents a break from the impoverished political imagination of the (still ongoing) neoliberal era, the Green New Deal draws on a rich legal and historical template for transforming our energy economy and deepen democracy.

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Restoring Antimonopoly Through Bright-Line Rules

Date Published: April 26, 2019

The “consumer welfare” approach to antimonopoly is the main contributor to the extreme and dangerous concentrations of power that Americans face today. In place of this vague, subjective, easily manipulated, and fundamentally corrupt framework, we propose a system of simple rules that is true to the original American approach to building and protecting an open and democratic society.

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In America today, wealth and political power are more concentrated than at any point in our country’s history.

The Open Markets Institute, formerly the Open Markets program at New America, was founded to protect liberty and democracy from these extreme -- and growing -- concentrations of private power.

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