,,ii #aagth ,,congress #ast ,session ,s4 #ajgd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #ab1 #bjba,mr4 ,hawley introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,sherman ,act1 the ,clayton ,act1 and the ,federal ,trade ,commission ,act to promote competition in the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,trust-,busting for the ,twenty-,first ,century ,act4 #b4 ,sherman ,act amendments ,the ,sherman ,act 7#ae ,u4,s4,c4 #a et seq47 is amended-- 7#a7 in section #b 7#ae ,u4,s4,c4 #b7-- 7,a7 by striking ,every and inserting 7a7 ,every2 and 7,b7 by adding at the end the following3 7b7 7#a7 ,in any case alleging a violation of this section or section #a in which a plaintiff establishes by a preponderance of the evidence 7including direct evidence7 the existence of substantial market power or the anticompetitive or otherwise detrimental effects of particular practices1 a plaintiff need neither define the scope of a relevant market nor establish the share of such a market controlled by the defendant4 7#b7 ,in any case alleging a violation of this section or section #a in which the defendant relies on alleged procompetitive effects to justify the conduct of the defendant1 the defendant shall establish by clear and convincing evidence that-- 7,a7 the procompetitive effects of the conduct clearly outweigh the anticompetitive effects of the conduct2 and 7,b7 the defendant could not obtain substantially similar procompetitive effects through commercially reasonable alternatives that would involve materially lower competitive risks4 2 and 7#b7 in section #d 7#ae ,u4,s4,c4 #d7-- 7,a7 by striking ,the several and inserting 7a7 ,the several2 and 7,b7 by adding at the end the following3 7b7 ,in any action brought by the ,united ,states or the ,federal ,trade ,commission alleging a violation of this ,act1 if the ,united ,states or the ,federal ,trade ,commission establishes such a violation1 the court shall order disgorgement of all profits earned by the defendant as a result of the conduct constituting that violation1 except upon a showing of extraordinary good cause4 7c7 ,it is the policy of the ,united ,states that the principal standard for evaluating the permissibility of practices under this ,act is the protection of economic competition within the ,united ,states4 4 #c4 ,clayton ,act amendments ,the ,clayton ,act 7#ae ,u4,s4,c4 #ab et seq47 is amended-- 7#a7 in the first section 7#ae ,u4,s4,c4 #ab71 by adding at the end the following3 7c7 ,it is the policy of the ,united ,states that the principal standard for evaluating the permissibility of practices under this ,act is the protection of economic competition within the ,united ,states4 2 7#b7 in section #g 7#ae ,u4,s4,c4 #ah71 by adding at the end the following3 ,no person with a market capitalization exceeding #ajj1jjj1jjj1jjj 7as adjusted and published for each fiscal year beginning after ,september #cj1 #bjbb1 in the same manner as provided in section #h7;a77#e7 to reflect the percentage change in the gross national product for such fiscal year compared to the gross national product for the year ending ,september #cj1 #bjba7 shall acquire1 directly or indirectly1 the whole or any part of the stock or other share capital or the whole or any part of the assets of #a or more persons engaged in commerce or in any activity affecting commerce1 where in any line of commerce or in any activity affecting commerce in any section of the country1 the effect of such acquisition1 of such stocks or assets1 or of the use of such stock by the voting or granting of proxies or otherwise1 may be to lessen competition in any way4 ,where a preponderance of the evidence 7including direct evidence7 is adduced to demonstrate that the effect of an acquisition may be substantially to lessen competition or to tend to create a monopoly1 a plaintiff need neither establish market shares nor the concentration of any particular market4 ,no acquisition shall be presumed not to substantially lessen competition or tend to create a monopoly only because the parties to the acquisition do not compete directly against one another at the time of the acquisition4 2 and 7#c7 in section #g;a7a7 7#ae ,u4,s4,c4 #ah;a7a771 in the undesignated matter following paragraph 7#b77;,b77ii77,,iii71 by adding at the end the following3 ,in the case of any transaction involving a person1 partnership1 or corporation designated as a dominant digital firm under section #aj;,a of the ,federal ,trade ,commission ,act1 the person1 partnership1 or corporation shall file notification as required by this section44 #d4 ,restrictions on dominant digital firms ,the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 is amended by inserting after section #aj the following3 #aj;,a4 ,restrictions on dominant digital firms 7a7 ,definitions ,in this section3 7#a7 ,dominant digital firm ,the term dominant digital firm means a person1 partnership1 or corporation that-- 7,a7 provides a website or service accessible through the internet2 and 7,b7 possesses dominant market power in any market related to that website or service4 7#b7 ,search functionality ,the term search functionality means any feature or aspect of a website or service accessible through the internet that allows a user to input alphanumeric data in order to retrieve and display a ranked list of relevant results4 7b7 ,designation as a dominant digital firm 7#a7 ,in general ,the ,commission shall have power to designate a person1 partnership1 or corporation as a dominant digital firm4 7#b7 ,factors to be considered ,in determining whether a person1 partnership1 or corporation possesses dominant market power under paragraph 7#a71 the ,commission shall consider factors including-- 7,a7 dominance of the firm in other markets and durability of the dominance2 7,b7 the extent to which the firm benefits from government contracts or other privileges2 7,c7 exclusivity agreements entered into by the firm2 7,d7 network effects2 and 7,e7 any ownership stake of the firm in other entities within the supply chain of the firm4 7#c7 ,investigative authority ,in determining whether to designate a person1 partnership1 or corporation as a dominant digital firm under paragraph 7#a71 the ,commission shall have power to issue investigative demands4 7c7 ,requirements 7#a7 ,in general ,any designation made by the ,commission under subsection 7b7 shall be preceded by a notice and comment period in accordance with section #eec of title #e1 ,united ,states ,code1 except that the required publication and service of any designation by the ,commission may be made not less than #ae days before the effective date of the designation4 7#b7 ,judicial review ,any designation made by the ,commission under subsection 7b7 shall be subject to judicial review pursuant to section #gjf of title #e1 ,united ,states ,code4 7d7 ,presumption as unfair or deceptive act or practice ,any acquisition by a person1 partnership1 or corporation designated as a dominant digital firm under this section1 direct or indirect1 of the whole or any part of the stock or other share capital or the whole or any part of the assets of #a or more persons engaged in commerce or in any activity affecting commerce1 where such acquisition exceeds #a1jjj1jjj 7as adjusted and published for each fiscal year beginning after ,september #cj1 #bjbb1 in the same manner as provided in section #h7;a77#e7 of the ,clayton ,act to reflect the percentage change in the gross national product for such fiscal year compared to the gross national product for the year ending ,september #cj1 #bjba7 shall be presumed to be a unfair or deceptive act or practice4 7e7 ,unfair or deceptive act or practice ,it shall be an unfair or deceptive act or practice if a person1 partnership1 or corporation designated as a dominant digital firm under this section-- 7#a7 provides search functionality2 7#b7 promotes or demotes particular search results1 on the basis of whether those results are affiliated or not affiliated with the dominant digital firm2 and 7#c7 does not disclose such affiliation to users of the search functionality4 4