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Entrepreneurship, Independent Business, & Innovation

Entrepreneurship is essential to economic progress and to upward mobility. But market concentration in the services, retailing, and light manufacturing industries has removed the incentive for small business owners to innovate, compete, and invest in research and development.


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State of Ohio v. American Express, OMI Amicus Brief

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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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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