Open Markets Files Amicus Brief in Qualcomm Antitrust Litigation

Washington, D.C. — On August 9th, Open Markets Institute joined Public Justice and the American Association for Justice in filing an amicus brief in support of the consumer antitrust action against Qualcomm.

The consumers accuse Qualcomm of monopolizing the market for modem chips used in mobile phones and excluding chip competitors illegally so that hundreds of millions of Americans paid more for their phones. If the consumers are successful, the damages are likely in the billions.

The district court ruled that the lawsuit can proceed on behalf of all affected consumers in the United States. Qualcomm has asked the Ninth Circuit to reverse the district judge’s ruling.

“The case is important and will have major influence going forward on whether injured consumers, workers, and small businesses can come together to seek justice against corporate wrongdoers,” said Sandeep Vaheesan, Legal Director of Open Markets Institute. “Judge Richard Posner memorably described the value of class-action lawsuits in a 2004 opinion, ‘The realistic alternative to a class action is not 17 million individual suits, but zero individual suits, as only a lunatic or a fanatic sues for $30.’ In the absence of class actions, corporations can engage in large-scale theft with practical impunity.”