Open Markets Institute

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Amicus Brief - Public Justice, American Association for Justice, and Open Markets File Amicus Brief to U.S. Court of Appeals in Support of Consumer Antitrust Class Action Against Qualcomm

WASHINGTON - Public Justice, the American Association for Justice, and Open Markets Institute filed an amicus brief on August 9 to the Ninth Circuit U.S. Court of Appeals in support of a consumer antitrust class action lawsuit against Qualcomm.

The consumer class accuses Qualcomm of monopolizing the market for modem chips used in mobile phones. Due to Qualcomm's exclusionary practices, the complaint alleges that hundreds of millions of Americans paid more for phones and seeks to recover this illegal overcharge times three because the Clayton Act automatically triples damages.

The district court certified the class and ruled that the lawsuit can proceed on behalf of all consumers. On appeal, Qualcomm has asked the Ninth Circuit to decertify the class, arguing that it is improper for a single lawsuit to represent this large consumer class. The U.S. Department of Justice and Chamber of Commerce have filed briefs in support of Qualcomm.

Read full brief below or download here

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