Posts in Amicus Briefs & Petitions
Amicus Brief - Casino-Hotels Algorithmic Price-Fixing Case, Cornish-Adebiyi v. Caesars

 The Open Markets Institute filed an amicus brief in Cornish-Adebiyi v. Caesars, a case before the Third Circuit court in which casino hotels in Atlantic City used revenue management software from Cendyn Group to fix prices at high rates.

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Open Markets Institute Files Second Amicus Brief Supporting FTC’s Nationwide Ban on Non-Compete Clauses

The Open Markets Institute filed an amicus brief in Ryan v. FTC, marking the second appellate case in which Open Markets has defended the Federal Trade Commission’s (FTC) landmark prohibition on non-compete clauses.

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Open Markets Urges Third Circuit to Hold Merck to Account for Lying to FDA as a Means of Preserving Mumps Vaccine Monopoly

The Open Markets Institute filed an amicus brief with the U.S. Court of Appeals for the Third Circuit, urging the court to grant a rehearing In re Merck Mumps Vaccine Antitrust Litigation. A class of physicians alleged that Merck misled the Food and Drug Administration about the shelf-life of its vaccine and thereby kept out a competing vaccine.

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Judge Says Open Markets Amicus Brief Could “Aid the Court” in FuboTV Antimonopoly Trial

The Open Markets Institute and its partners filed an amicus brief in the case of FuboTV versus a joint streaming venture between major TV broadcasters including Disney, Warner Brothers, Fox and Discovery, urging the courts to block the new venture that would dominate 80% of live sports content and is slated to begin this fall.

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Amicus Brief - Uber/Lyft Ballot Initiatives Case in Massachusetts, El Koussa v. Campbell

The Open Markets Institute filed an amicus brief in El Koussa v. Campbell, a case before the Supreme Judicial Court of Massachusetts challenging proposed ballot initiatives in Massachusetts concerning whether app-based companies like Uber and Lyft should be allowed to legally classify their drivers as independent contractors.

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Amicus Brief - NetChoice v. Paxton & Moody v. NetChoice

The Open Markets Institute filed an amicus brief in two cases currently before the Supreme Court concerning states’ ability to regulate certain companies in the public interest, or as “common carriers”: Moody v. NetChoice and NetChoice v Paxton. 

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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.

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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.

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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.

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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.

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