American Antitrust Institute

Promoting competition that protects consumers, businesses, and society.

Home / About AAI / Mission and History / Operational Guidelines for AAI Amicus Program

Operational Guidelines for AAI Amicus Program

Goals and Criteria

The purpose of AAI’s amicus program is to positively influence the development of competition law in the courts and to advance the interests of consumers. As a general rule, AAI’s amicus program focuses on legal rulings that may have widespread impact on competition policy. The effect on consumers in a particular case is a consideration, although our role is not primarily to argue about the parties’ evidence in a case.

The AAI is most likely to get involved as amicus curiae in cases in the United States Supreme Court, the federal appeals courts, or state supreme courts. We are unlikely to get involved at the trial court level unless the legal issues are well defined and particularly significant or novel, or the effect on consumers is pronounced.

The principal criteria for amicus participation are:

  1. The significance of the legal issue to the enforcement (public or private) of the antitrust laws and effective competition policy.
  2. The extent to which AAI can bring a unique perspective, focus, or analysis beyond that provided by the parties in the case and, contrariwise, the extent to which AAI’s position would be well presented by one of the parties.
  3. The significance of the particular matter to consumers and the public.
  4. The availability of legal resources to produce a high-quality brief and meet internal and external deadlines.

Procedures

The Vice President of Legal Advocacy will be primarily responsible for managing the process of case intake and supervision of the preparation of amicus briefs. Amicus brief requests or opportunities will be evaluated by the Vice President of Legal Advocacy, in consultation with AAI’s President.  At the discretion of the President, the Vice President of Legal Advocacy may solicit the input of an ad hoc group of members of the AAI Advisory Board and/or other experts with diverse viewpoints, subject to AAI’s internal conflict of interest policy.

Requests for amicus participation by AAI or other inquiries concerning amicus briefs should be addressed to Kathleen W. Bradish, Vice President of Legal Advocacy, at kbradish@antitrustinstitute.org.