Open Markets Institute

Open Markets Institute
Name	Open Markets Institute
Formation	2017
Founder	Barry Lynn
Type	Nonprofit organization
Headquarters	Washington, D.C.
Focus	Antitrust advocacy, competition policy, regulatory reform

Open Markets Institute Open Markets Institute is a Washington, D.C.–based policy organization focused on competition policy and antitrust enforcement. Founded by Barry Lynn and his colleagues after a split with New America, the organization has promoted stronger Sherman Antitrust Act enforcement, supported litigation such as cases against large technology firms, and produced research cited by lawmakers including members of the U.S. Congress, state attorneys general, and regulatory agencies like the Federal Trade Commission and the U.S. Department of Justice. It has engaged with coalitions including labor unions, consumer groups, and public-interest organizations on matters before the Supreme Court of the United States and federal courts.

History

The institute emerged in the context of renewed antitrust interest following high-profile events such as the 1998 Microsoft antitrust case, debates over the Telecommunications Act of 1996, and academic shifts exemplified by scholars at Harvard University and University of Chicago critical of the Chicago School. Its founder, Barry Lynn, previously directed the Open Markets program at New America and authored commentary on corporate concentration tied to mergers like AT&T–Time Warner and the Amazon investigations. The formal establishment in 2017 followed disputes involving funders and governance at New America and coincided with rising enforcement actions by the European Commission and policy proposals from members of the Congressional Progressive Caucus.

Mission and Activities

The institute's stated mission emphasizes reviving aggressive antitrust enforcement under statutes including the Clayton Antitrust Act and the Federal Trade Commission Act. It conducts advocacy before the Federal Communications Commission, files amicus briefs in cases such as those involving Google LLC, Facebook, Inc., and Apple Inc., and advises lawmakers drafting bills like the Antitrust Criminal Penalty Enhancement and Reform Act or proposed reforms by figures such as Elizabeth Warren and Alexandria Ocasio-Cortez. The organization collaborates with state offices including the Attorney General of New York and the Office of the Attorney General of California and participates in coalitions alongside groups like the American Antitrust Institute, Public Citizen, and labor organizations such as the AFL–CIO.

Research and Publications

Open Markets produces reports, policy briefs, and commentary addressing issues from platform power to vertical integration. Its research has cited cases like the Bell System breakup and analyses influenced by economists associated with Bates White LLC, Rajan Batra, and critiques from scholars at Stigler Center and Economics Department, Yale University. Publications include investigative work on mergers involving Kraft Heinz Company, Bayer AG (related to its acquisition of Monsanto), and consolidation in sectors such as agriculture and pharmaceuticals, drawing comparisons to regulatory interventions like the Clayton Act divestitures and remedies in the AT&T breakup (1982). Their white papers have been circulated to committees such as the House Judiciary Committee and the Senate Judiciary Committee.

Advocacy and Litigation

The institute has been active in litigation strategy, filing amicus briefs in cases before the Supreme Court of the United States and supporting state-led cases brought by attorneys general in jurisdictions including New York (state), California, and Texas. It has advocated for enforcement actions against technology platforms like Google LLC and Meta Platforms, Inc. (formerly Facebook, Inc.), supported challenges to vertical mergers reviewed by the Federal Communications Commission, and backed investigations by the Department of Justice Antitrust Division. The group also promoted legislative initiatives such as proposals to revise merger review standards introduced by members of the Senate and House of Representatives.

Funding and Organization

Funding for the institute has included donations from foundations and individual philanthropists historically connected to policy networks such as Berkman Klein Center affiliates and donors active in progressive politics. Organizationally, it operates with a senior staff including policy directors, legal fellows, and researchers, and maintains partnerships with academic centers at institutions like Harvard Kennedy School and think tanks including the Economic Policy Institute. Governance has involved advisory boards with legal scholars, former regulators from the Federal Trade Commission and the U.S. Department of Justice Antitrust Division, and former congressional aides.

Criticism and Controversies

Critics—ranging from proponents of the Chicago School and market-oriented think tanks such as the Cato Institute and American Enterprise Institute—have argued that the institute favors regulatory intervention that could stifle innovation and investment, citing debates over cases like the Microsoft antitrust case and merger remedies in the AT&T–Time Warner merger. Others have questioned its funding transparency and the influence of donors involved in broader policy disputes at organizations like New America. Legal scholars associated with Columbia Law School, Stanford Law School, and Yale Law School have engaged in public debate over its empirical claims on market concentration and consumer harm.

Category:Antitrust organizations Category:Non-profit organizations based in Washington, D.C.