Amicus Brief - Open Markets Institute Files Amicus Brief Supporting Federal Trade Commission and Urging Supreme Court to Protect Consumers, Workers, and Independent Businesses

Open Markets Institute filed an amicus brief in a case before the Supreme Court, AMG Capital Management, LLC v. FTC urging the court to protect the FTC’s ability to recover money from violators of competition and consumer protection law.

Open Markets Files Amicus Brief Laying out Harms From Tying, Urges Court to Affirm Sherman Act’s Ban on Practice

Open Markets Institute filed an amicus brief in the Court of Appeals for the Third Circuit describing the harms of tying arrangements and the legal restrictions on the practice.

Amicus Brief - Open Markets Institute Files Amicus Brief to Appeal the Practice of Tying

Open Markets Institute filed an amicus brief with the Third Circuit Court of Appeals in the case of BRUCE E. ELLISON, M.D., v. AMERICAN BOARD OF ORTHOPAEDIC SURGERY, INC., I

Amicus Briefs & PetitionsOpen MarketsNovember 4, 20202020, October 2020

Amicus Brief - Open Markets Institute Files Amicus Brief Supporting Antitrust Lawsuit on Humira, World’s Top-Selling Drug

Open Markets Institute filed an amicus brief with the Seventh Circuit Court of Appeals in the case of UFCW Local 1500 Welfare Fund v. AbbVie, Inc. In building a thicket of 247 patents and pending patents on Humira, AbbVie’s conduct amounts to abuse of the patent system and illegal monopolization.

Amicus Briefs & PetitionsOpen MarketsOctober 13, 20202020, October 2020

Amicus Brief - Open Markets Joins Large Group of Justice Organizations to File Amicus Brief in Support of California’s Pro-Worker Case Against Uber and Lyft

Open Markets Institute joins Public Rights Project and 14 other civil rights, gender justice, and worker rights organizations in filing an amicus brief in support of the case brought by California Attorney General, City of San Francisco, City of Los Angeles, and City of San Diego against Uber and Lyft for misclassifying drivers.

Amicus Brief - Open Markets Files Amicus Brief Laying Out Harms from Tying and Urging Court to Affirm Good Law on Practice

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.

Amicus Briefs & PetitionsOpen MarketsAugust 3, 2020February 2020, 2020, Antitrust Law

Amicus Brief - Brief of Amicus Curiae by Open Markets Institute in Support of Defendants and Appellants in Junkermeier, Clark, Campanella, Stevens, P.C. v. Alborn

On 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.

Amicus Briefs & PetitionsOpen MarketsFebruary 12, 2020February 2020, 2020, Labor

Amicus Brief - FTC v. Impax Laboratories

Open Markets Institute filed an amicus brief in support of theFederal Trade Commission in its case against Impax Laboratories. In our brief, we argue that pay-for-delay agreements are a form of per se illegal, horizontal market allocation agreements that seek to prohibit market entry and thus harm market competition.

Amicus Briefs & PetitionsOpen MarketsDecember 19, 20192019, December 2019

Amicus Brief - Open Markets Institute in Support of Respondent in Impax Laboratories Incorporated v. Federal Trade Commission

On December 16, 2019, Open Markets Institute filed an amicus curiae brief in the Fifth Circuit Court of Appeals in support of the Federal Trade Commission (FTC) in its suit against generic drug maker Impax Laboratories.

Amicus Briefs & PetitionsOpen MarketsDecember 16, 20192019, December 2019

Amicus Brief - Open Markets Institute in Support of Plaintiff Appellee in Federal Trade Commission v. Qualcomm Incorporated

On November 27, 2019, the Open Markets Institute filed an amicus brief in the Ninth Circuit Court of Appeals in support of the Federal Trade Commission's anti-monopoly suit against Qualcomm, the biggest government anti-monopoly case since Microsoft.

Amicus Briefs & PetitionsOpen MarketsNovember 27, 20192019, November 2019, Competition Law & Philosophy

Amicus Brief - Open Markets, Change To Win, NELP, and Economics and Law Professors, in Support of Plaintiffs-Appellants in Shawne Alston, et al. v. NCAA, et al.

On October 30, 2009, Open Markets Institute, Change To Win, the National Employment Law Project, and Professors Marshall Steinbaum, Sanjukta Paul, and Veena Dubal filed an amici curiae brief supporting current and former college basketball and football players in their antitrust suit against the National Collegiate Athletic Association (NCAA).

Amicus Briefs & PetitionsOpen MarketsOctober 30, 20192019, October 2019, Labor

Amicus Brief - Open Markets in Support of Plaintiffs-Appellants in PNE Energy Supply LLC v. Eversource Energy and Avangrid Inc.

Open Markets Institute filed an amicus brief in support of PNE Energy Supply in its lawsuit against Eversource Energy and Avangrid, Inc. on October 25, 2019. The two energy corporations are accused of abusing their monopoly power to gouge prices for consumers in New England.

Amicus Briefs & PetitionsOpen MarketsOctober 25, 20192019, October 2019, Competition Law & Philosophy

Petition - Addressed to Federal Communications Commission to Halt T-Mobile-Sprint Merger

On October 3, Open Markets Institute joined a group of public interest groups and one union to file a petition before the Federal Communications Commission (FCC) to put the T-Mobile/Sprint merger on hold.

Amicus Briefs & PetitionsOpen MarketsOctober 3, 2019October 2019, 2019, Competition Law & Philosophy

Amicus Brief - Brief of Amicus Curiae by Open Markets in Support of Plaintiffs-Appellants in Llacua, et al. v. Western Range Association, et al.

Open Markets filed an amicus brief in support of thousands of immigrant shepherds who allege they are the victims of a cartel among ranchers in the Western United States. The shepherds – here on a guest worker program from Peru – in 2015 sued the ranchers and their associations for colluding to suppress their wages.

Amicus Briefs & PetitionsOpen MarketsSeptember 16, 20192019, September 2019, Food & Agriculture, Food & Power, Labor

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

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.

Amicus Brief - Open Markets Filed to Seventh Circuit Court in Support of Plaintiffs in Marion Diagnostic Center v. Becton, Dickinson & Co.

Open Markets Institute filed an amicus brief to the Seventh Circuit Court in support of the plaintiffs in Marion Diagnostic Center v. Becton, Dickinson & Co. The plaintiffs, who are health care providers, allege that Becton, Dickinson & Co. illegally dominated the markets for conventional syringes, safety syringes, and safety IV catheters.

Amicus Briefs & PetitionsOpen MarketsApril 26, 20192019, April 2019

Petition - Addressed to Federal Trade Commission for Rulemaking to Prohibit Worker Non-Compete Clauses

The Open Markets Institute, the AFL-CIO, Service Employees International Union (SEIU), and over 60 other signatories — including labor organizations, public interest groups, and legal scholars — have filed a demand to the Federal Trade Commission (FTC) to ban worker non-compete clauses.

Amicus Briefs & PetitionsOpen MarketsMarch 20, 20192019, March 2019, Labor

Amicus Brief - Open Markets Filed to First Circuit Court in Support of New England Residents in Breiding v. Eversource Energy

Open Markets filed an amicus brief to the Court of Appeals for the First Circuit in support of New England residents in Breiding v. Eversource Energy.

Monopoly Matters