Open Markets Institute

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Open Markets Commends Rep. David Cicilline for Calling Out the DOJ’s Pro-Monopoly Amicus Program

Washington, D.C. — Rep. David Cicilline, Chair of the House Antitrust Subcommittee, sent a critical letter to the Department of Justice questioning its pro-monopoly amicus brief program. Open Markets commends Chairman Cicilline’s letter spotlighting the DOJ’s under-the-radar support for tilting the law even further for the benefit of the most powerful corporations.

“Not only has the Antitrust Division stonewalled congressional oversight, but now it’s beginning to look more like an industry funded think tank than our nation’s premier antitrust enforcer,” Cicilline said in his letter. He also demanded answers to questions examining the DOJ’s antitrust enforcement record and how many attorney hours have been spent filing amicus briefs in cases where the US was not a party.

Cicilline’s letter cited a March op-ed in The New York Times by Open Markets’ Matthew Buck and Sandeep Vaheesan exposing the DOJ’s amicus brief program for crafting the law to favor monopolists, especially Big Tech monopolists, in antitrust cases.

“Cicilline’s letter is a signal to the DOJ that Congress is paying attention,” said Open Markets Legal Director Sandeep Vaheesan. “It’s a turn around from ‘business as usual’. We are pleased to see him question the failures of the DOJ’s amicus brief program to enforce antitrust law. We look forward to seeing Congress hold our regulators to account for their failures to regulate.”