Publications
On August 3, 2020, the Open Markets Institute submitted an amicus brief in the Court of Appeals for the Fifth Circuit describing the harms of tying arrangements and the legal restrictions on the practice. Jay Forester, at Forester Haynie in Dallas, generously served as the Open Markets Institute’s local counsel and filed the brief.
Read MoreThe Open Markets Institute and our allies agree there is a pressing need for new vertical merger guidelines. The existing guidelines were fundamentally flawed when they were first introduced by the Reagan Administration in 1984. OMI and its allies call on the FTC and the DOJ to draft new guidelines consistent with the text and purpose of the Clayton Act and the DOJ’s 1968 Merger Guidelines.
Read MoreOpen Markets recognizes the value of a vibrant, well-staffed, and aggressive FTC to enforce the antitrust laws and promote vigorous competition. However, Sen. Hawley’s plan at best misses the mark and at worst would undermine the goals of the commission. Two aspects of his proposal are especially dangerous.
Read MoreOMI legal director Sandeep Vaheesan published an article in Barron’s, reinforcing Congress’ power to enact legislation and regulations that will prohibit monopolistic behaviors in the marketplace.
Read MoreOpen Markets Legal Director, Sandeep Vaheesan, published an op-ed in Barron’s on February 21, 2020 discussing the need to overcome the competition ideology and instead think about market rules for a fair and just economy.
Read MoreOpen Markets Details Frontline’s New Report on Amazon and Explains How State Attorneys General Can Appeal a Court Decision Approving T-Mobile’s Purchase of Sprint
Read MoreOpen Markets Reporter Daniel Hanley conducts a close review of the court ruling that approved the $26 billion mega-merger reveals a number of mistakes in Judge Victor Marrero’s reasoning, which means there are several excellent legal arguments on which states could appeal the ruling.
Read MoreOpen Markets Executive Director Barry Lynn is interviewed in the Feb. 18 episode of the PBS documentary series Frontline, titled “Amazon Empire: The Rise and Reign of Jeff Bezos.”
Read More“We are not only consumers, we are also citizens,” says Barry Lynn, Executive Director of Open Markets and pioneer in the fight against Amazon.
Read MoreFood & Power Reporter Claire Kelloway reports on an investigation into an allegation that agribusiness giants Bayer, Corteva, BASF, Cargill, and others tried to crush an online ag retailing startup, the California-based Farmers Business Network (FBN). The allegation represents an abuse of market power by leading agribusinesses to maintain control over seed and agrichemical markets in an era of retail disruption.
Read MoreOn February 2, 2020, the Open Markets Institute filed an amicus curiae brief in the Supreme Court in the State of Montana urging the Montana Supreme Court to hold all non-competes to be unenforceable.
Read MoreSilicon Valley's “if you can’t beat ’em, buy ’em” approach comes under federal scrutiny. Some antitrust experts say better late than never.
Read MoreThe Open Markets Institute warmly congratulates the American Economic Liberties Project – headed by Sarah Miller, previously the deputy director of the Open Markets Institute – on its launch today.
Read More"Judge Victor Marrero’s ruling allowing T-Mobile’s acquisition of Sprint further concentrates the national wireless market and empowers all corporations seeking dominance through mergers and acquisitions," said Open Markets Legal Director Sandeep Vaheesan in a statement today.
Read MoreWelcome to The Corner. In this issue, we present our views on how the courts, the Justice Department, and the FTC are failing to use antitrust law to protect workers from employers who have monopolies in labor markets.
Read MoreMedium editor Steve LeVine quotes Open Markets legal director, Sandeep Vaheesan, in a piece about the FTC suing to stop a big razor company merger.
Read MoreFour cases from the past decade alleging employer collusion against workers show that at present, antitrust law is ill-equipped to protect workers. A root cause is the prevailing philosophy of antitrust today, which focuses on consumer welfare and relies on a narrow interpretation of the law and its history.
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