,,ii  #aagth ,,congress  #ast ,session  
,s4 #biib  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,october #ah1  
#bjba,ms4 ,klobuchar 7for herself1 ,mr4 
,grassley1 ,mr4 ,durbin1 ,mr4 ,graham1  
,mr4 ,blumenthal1 ,mr4 ,kennedy1 ,mr4   
,booker1 ,ms4 ,lummis1 ,ms4 ,hirono1    
,mr4 ,warner1 ,mr4 ,hawley1 and ,mr4    
,daines7 introduced the following bill2 
which was read twice and referred to the
 ,committee on the ,judiciary  ,a ,,bill
  ,to provide that certain              
discriminatory conduct by covered       
platforms shall be unlawful1 and for    
other purposes4  #a4 ,short title ,this 
,act may be cited as the ,american      
,innovation and ,choice ,online ,act4   
#b4 ,unlawful conduct  7a7 ,violation   
,it shall be unlawful for a person      
operating a covered platform1 in or     
affecting commerce1 if it is shown1 by a
 preponderance of the evidence1 that the
 person has engaged in conduct that     
would-- 7#a7 unfairly preference the    
covered platform operator's own         

products1 services1 or lines of business
 over those of another business user on 
the covered platform in a manner that   
would materially harm competition on the
 covered platform2  7#b7 unfairly limit 
the ability of another business user's  
products1 services1 or lines of business
 to compete on the covered platform     
relative to the covered platform        
operator's own products1 services1 or   
lines of business in a manner that would
 materially harm competition on the     
covered platform2 or  7#c7 discriminate 
in the application or enforcement of the
 covered platform's terms of service    
among similarly situated business users 
in a manner that may materially harm    
competition on the covered platform4    
7b7 ,unlawful conduct ,it shall be      
unlawful for a person operating a       
covered platform1 in or affecting       
commerce1 if it is shown1 by a          
preponderance of the evidence1 that the 
person has engaged in conduct that      
would-- 7#a7 materially restrict or     

impede the capacity of a business user  
to access or interoperate with the same 
platform1 operating system1 hardware or 
software features that are available to 
the covered platform operator's own     
products1 services1 or lines of business
 that compete or would compete with     
products or services offered by business
 users on the covered platform2  7#b7   
condition access to the covered platform
 or preferred status or placement on the
 covered platform on the purchase or use
 of other products or services offered  
by the covered platform operator that   
are not part of or intrinsic to the     
covered platform itself2  7#c7 use      
non-public data that are obtained from  
or generated on the covered platform by 
the activities of a business user or by 
the interaction of a covered platform   
user with the products or services of a 
business user to offer1 or support the  
offering of1 the covered platform       
operator's own products or services that
 compete or would compete with products 

or services offered by business users on
 the covered platform2  7#d7 materially 
restrict or impede a business user from 
accessing data generated on the covered 
platform by the activities of the       
business user1 or through an interaction
 of a covered platform user with the    
business user's products or services1   
such as by establishing contractual or  
technical restrictions that prevent the 
portability of the business user's data 
by the business user to other systems or
 applications2  7#e7 unless necessary   
for the security or functioning of the  
covered platform1 materially restrict or
 impede covered platform users from     
un-installing software applications that
 have been preinstalled on the covered  
platform or changing default settings   
that direct or steer covered platform   
users to products or services offered by
 the covered platform operator2  7#f7 in
 connection with any covered platform   
user interface1 including search or     
ranking functionality offered by the    

covered platform1 treat the covered     
platform operator's own products1       
services1 or lines of business more     
favorably relative to those of another  
business user than they would be treated
 under standards mandating the neutral1 
fair1 and non-discriminatory treatment  
of all business users2 or  7#g7         
retaliate against any business user or  
covered platform user that raises       
concerns with any law enforcement       
authority about actual or potential     
violations of ,state or ,federal law4   
7c7 ,rule of construction ,subsections  
7a7 and 7b7 shall not be construed to   
require a covered platform operator to  
divulge1 license1 or otherwise grant the
 use of the covered platform operator's 
intellectual property1 trade or business
 secrets1 or other confidential         
proprietary business processes to a     
business user4  7d7 ,affirmative        
defenses  7#a7 ,in general ,subsection  
7a7 shall not apply if the defendant    
establishes by a preponderance of the   

evidence that the conduct described in  
subsections 7a7 was narrowly tailored1  
was nonpretextual1 and was necessary    
to-- 7,a7 prevent a violation of1 or    
comply with1 ,federal or ,state law2    
7,b7 protect safety1 user privacy1 the  
security of non-public data1 or the     
security of the covered platform2 or    
7,c7 maintain or enhance the core       
functionality of the covered platform4  
7#b7 ,unlawful conduct ,subsection 7b7  
shall not apply if the defendant        
establishes by a preponderance of the   
evidence that the conduct described in  
subsection 7b7-- 7,a7 has not resulted  
in and would not result in material harm
 to the competitive process by          
restricting or impeding legitimate      
activity by business users2 or  7,b7 was
 narrowly tailored1 could not be        
achieved through less discriminatory    
means1 was nonpretextual1 and was       
necessary to-- 7i7 prevent a violation  
of1 or comply with1 ,federal or ,state  
law2  7ii7 protect safety1 user privacy1

 the security of non-public data1 or the
 security of the covered platform2 or   
7iii7 maintain or enhance the core      
functionality of the covered platform4  
7e7 ,covered platform designation ,the  
,federal ,trade ,commission and         
,department of ,justice may jointly1    
with concurrence of the other1 designate
 a covered platform for the purpose of  
implementing and enforcing this ,act4   
,such designation shall-- 7#a7 be based 
on a finding that the criteria set forth
 in clauses 7i7 through 7iii7 of        
subsection 7h77#d7 are met2  7#b7 be    
issued in writing and published in the  
,federal ,register2 and  7#c7 apply for 
#g years from its issuance regardless of
 whether there is a change in control or
 ownership over the covered platform    
unless the ,commission or the           
,department of ,justice removes the     
designation under subsection 7f74  7f7  
,removal of covered platform designation
 ,the ,commission or the ,department of 
,justice shall-- 7#a7 consider whether  

its designation of a covered platform   
under subsection 7e7 should be removed  
prior to the expiration of the #g-year  
period if the covered platform operator 
files a request with the ,commission or 
the ,department of ,justice1 which shows
 that the online platform no longer     
meets the criteria set forth in clauses 
7i7 through 7iii7 of subsection 7h77#d72
  7#b7 determine whether to grant a     
request submitted under paragraph #a not
 later than #abj days after the date of 
the filing of such request2 and  7#c7   
obtain the concurrence of the           
,commission or the ,department of       
,justice1 as appropriate1 before        
granting a request submitted under      
paragraph 7#a74  7g7 ,remedies ,the     
remedies provided in this subsection are
 in addition to1 and not in lieu of1 any
 other remedy available under ,federal  
or ,state law4 7#a7 ,civil penalty ,any 
person who is found to have violated    
subsections 7a7 or 7b7 shall be liable  
to the ,united ,states or the           

,commission for a civil penalty1 which  
shall accrue to the ,united ,states     
,treasury1 in an amount not more than   
#ae percent of the total ,united ,states
 revenue of the person for the period of
 time the violation occurred4  7#b7     
,injunctions ,the ,assistant ,attorney  
,general of the ,antitrust ,division1   
the ,commission1 or the attorney general
 of any ,state may seek1 and the court  
may order1 relief in equity as necessary
 to prevent1 restrain1 or prohibit      
violations of this ,act4  7#c7 ,repeat  
offenders ,if the fact finder determines
 that a person has engaged in a pattern 
or practice of violating this ,act1 the 
court shall consider requiring1 and may 
order1 that the ,chief ,executive       
,officer1 and any other corporate       
officer as appropriate to deter         
violations of this ,act1 forfeit to the 
,united ,states ,treasury any           
compensation received by that person    
during the #ab months preceding or      
following the filing of a complaint for 

an alleged violation of this ,act4  7h7 
,definitions ,in this section3 7#a7     
,antitrust laws ,the term antitrust laws
 has the meaning given the term in      
subsection 7a7 of section #a of the     
,clayton ,act 7#ae ,u4,s4,c4 #ab74  7#b7
 ,business user ,the term ,business     
,user means a person that utilizes or is
 likely to utilize the covered platform 
for the sale or provision of products or
 services1 including such persons that  
are operating a covered platform or are 
controlled by a covered platform        
operator4  7#c7 ,commission ,the term   
,commission means the ,federal ,trade   
,commission4  7#d7 ,covered platform    
,the term covered platform means an     
online platform-- 7,a7 that has been    
designated as a covered platform under  
section #b7;e72 or  7,b7 that-- 7i7 at  
any point during the #ab months         
preceding a designation under section   
#b7;e7 or at any point during the #ab   
months preceding the filing of a        
complaint for an alleged violation of   

this ,act-- 7,i7 has at least           
#ej1jjj1jjj ,united ,states-based       
monthly active users on the online      
platform2 or  7,,ii7 has at least       
#ajj1jjj ,united ,states-based monthly  
active business users on the online     
platform2  7ii7 at any point during the 
#b years preceding a designation under  
section #b7;e7 or at any point during   
the #b years preceding the filing of a  
complaint for an alleged violation of   
this ,act1 is owned or controlled by a  
person with ,united ,states net annual  
sales or a market capitalization greater
 than #eej1jjj1jjj1jjj1 adjusted for    
inflation on the basis of the ,consumer 
,price ,index2 and  7iii7 is a critical 
trading partner for the sale or         
provision of any product or service     
offered on or directly related to the   
online platform4  7#e7 ,critical trading
 partner ,the term critical trading     
partner means a person that has the     
ability to restrict or materially impede
 the access of-- 7,a7 a business user to

 its users or customers2 or  7,b7 a     
business user to a tool or service that 
it needs to effectively serve its users 
or customers4  7#f7 ,person ,the term   
person has the meaning given the term in
 subsection 7a7 of section #a of the    
,clayton ,act 7#ae ,u4,s4,c4 #ab74  7#g7
 ,data  7,a7 ,in general ,not later than
 #f months after the date of enactment  
of this ,act1 the ,commission shall     
adopt rules in accordance with section  
#eec of title #e1 ,united ,states ,code1
 to define the term data for the purpose
 of implementing and enforcing this     
,act4  7,b7 ,data ,the term data shall  
include information that is collected by
 or provided to a covered platform or   
business user that is linked1 or        
reasonably linkable1 to a specific-- 7i7
 user or customer of the covered        
platform2 or  7ii7 user or customer of a
 business user4  7#h7 ,online platform  
,the term online platform means a       
website1 online or mobile application1  
operating system1 digital assistant1 or 

online service that-- 7,a7 enables a    
user to generate content that can be    
viewed by other users on the platform or
 to interact with other content on the  
platform2  7,b7 facilitates the         
offering1 sale1 purchase1 payment1 or   
shipping of products or services1       
including software applications1 between
 and among consumers or businesses not  
controlled by the platform operator2 or 
7,c7 enables user searches or queries   
that access or display a large volume of
 information4  7#i7 ,control ,the term  
control with respect to a person means--
 7,a7 holding #be percent or more of the
 stock of the person2  7,b7 having the  
right to #be percent or more of the     
profits of the person2  7,c7 having the 
right to #be percent or more of the     
assets of the person1 in the event of   
the person's dissolution2  7,d7 if the  
person is a corporation1 having the     
power to designate #be percent or more  
of the directors of the person2  7,e7 if
 the person is a trust1 having the power

 to designate #be percent or more of the
 trustees2 or  7,f7 otherwise exercises 
substantial control over the person4    
7#aj7 ,state ,the term ,state means a   
,state1 the ,district of ,columbia1 the 
,commonwealth of ,puerto ,rico1 and any 
other territory or possession of the    
,united ,states4  7i7 ,enforcement  7#a7
 ,in general ,except as otherwise       
provided in this ,act-- 7,a7 the        
,commission shall enforce this ,act in  
the same manner1 by the same means1 and 
with the same jurisdiction1 powers1 and 
duties as though all applicable terms of
 the ,federal ,trade ,commission ,act   
7#ae ,u4,s4,c4 #da et seq47 were        
incorporated into and made a part of    
this ,act2  7,b7 the ,attorney ,general 
shall enforce this ,act in the same     
manner1 by the same means1 and with the 
same jurisdiction1 powers and duties as 
though all applicable terms of the      
,sherman ,act 7#ae ,u4,s4,c4 #a et      
seq471 ,clayton ,act 7#ae ,u4,s4,c4 #ab 
et seq471 and ,antitrust ,civil ,process

 ,act 7#ae ,u4,s4,c4 #acaa et seq47 were
 incorporated into and made a part of   
this ,act2 and  7,c7 any attorney       
general of a ,state shall enforce this  
,act in the same manner1 by the same    
means1 and with the same jurisdiction1  
powers and duties as though all         
applicable terms of the ,sherman ,act   
7#ae ,u4,s4,c4 #a et seq47 and the      
,clayton ,act 7#ae ,u4,s4,c4 #ab et     
seq47 were incorporated into and made a 
part of this ,act4  7#b7 ,unfair methods
 of competition ,a violation of this    
,act shall also constitute an unfair    
method of competition under section #e  
of the ,federal ,trade ,commission ,act 
7#ae ,u4,s4,c4 #de74  7#c7 ,commission  
independent litigation authority ,if the
 ,commission has reason to believe that 
a person violated this ,act1 the        
,commission may commence a civil action1
 in its own name by any of its attorneys
 designated by it for such purpose1 to  
recover a civil penalty and seek other  
appropriate relief in a district court  

of the ,united ,states4  7#d7 ,parens   
patriae ,any attorney general of a      
,state may bring a civil action in the  
name of such ,state for a violation of  
this ,act as parens patriae on behalf of
 natural persons residing in such       
,state1 in any district court of the    
,united ,states having jurisdiction of  
the defendant1 and may secure any form  
of relief provided for in this section4 
7j7 ,emergency relief  7#a7 ,in general 
,the ,commission1 ,assistant ,attorney  
,general of the ,antitrust ,division1 or
 any attorney general of a ,state may   
seek a temporary injunction requiring   
the covered platform operator to take or
 stop taking any action for not more    
than #abj days and the court may grant  
such relief if the ,commission1 the     
,united ,states1 or the attorney general
 of a ,state proves-- 7,a7 there is a   
claim that a covered platform operator  
took an action that would violate this  
,act2 and  7,b7 that action impairs the 
ability of business users to compete    

with the covered platform operator4     
7#b7 ,emergency relief ,the emergency   
relief shall not last more than #abj    
days from the filing of the complaint4  
7#c7 ,termination ,the court shall      
terminate the emergency relief at any   
time that the covered platform operator 
proves that the ,commission1 the ,united
 ,states1 or the attorney general of the
 ,state seeking relief under this       
section has not taken reasonable steps  
to investigate whether a violation has  
occurred4  7#d7 ,other equitable relief 
,nothing in this subsection prevents or 
limits the ,commission1 the ,united     
,states1 or any attorney general of any 
,state from seeking other equitable     
relief as provided in subsection 7g7 of 
this section4  7k7 ,statute of          
limitations ,a proceeding for a         
violation of this section may be        
commenced not later than #f years after 
such violation occurs4  #c4 ,judicial   
review  7a7 ,in general ,any party that 
is subject to a covered platform        

designation under section #b7;e7 of this
 ,act1 a decision in response to a      
request to remove a covered platform    
designation under section #b7;f7 of this
 ,act1 a final order issued in any      
district court of the ,united ,states   
under this ,act1 or a final order of the
 ,commission issued in an administrative
 adjudicative proceeding under this ,act
 may within #cj days of the issuance of 
such designation1 decision1 or order1   
petition for review of such designation1
 decision1 or order in the ,united      
,states ,court of ,appeals for the      
,district of ,columbia ,circuit4  7b7   
,treatment of findings ,in a proceeding 
for judicial review of a covered        
platform designation under section      
#b7;e7 of this ,act1 a decision in      
response to a request to remove a       
covered platform designation under      
section #b7;f7 of this ,act1 or a final 
order of the ,commission issued in an   
administrative adjudicative proceeding  
under this ,act1 the findings of the    

,commission or the ,assistant ,attorney 
,general as to the facts1 if supported  
by evidence1 shall be conclusive4  #d4  
,enforcement guidelines  7a7 ,in general
 ,not later than #a year after the date 
of enactment of this ,act1 the          
,commission and the ,assistant ,attorney
 ,general of the ,antitrust ,division   
shall jointly issue guidelines outlining
 policies and practices1 relating to    
agency enforcement of this ,act1        
including policies for determining the  
appropriate amount of a civil penalty to
 be sought under section #b7;g77#a7 of  
this ,act1 with the goal of promoting   
transparency1 deterring violations1 and 
imposing sanctions proportionate to the 
gravity of individual violations4  7b7  
,updates ,the ,commission and the       
,assistant ,attorney ,general of the    
,antitrust ,division shall update the   
joint guidelines issued under subsection
 7a71 as needed to reflect current      
agency policies and practices1 but not  
less frequently than once every #d years

 beginning on the date of enactment of  
this ,act4  7c7 ,operation ,the ,joint  
,guidelines issued under this section do
 not confer any rights upon any person1 
,state1 or locality1 nor shall they     
operate to bind the ,commission1        
,department of ,justice1 or any person1 
,state1 or locality to the approach     
recommended in such ,guidelines4  #e4   
,rule of construction  7a7              
,notwithstanding any other provision of 
law1 whether user conduct would         
constitute a violation of section #ajcj 
of title #ah of the ,united ,states     
,code is not dispositive of whether the 
defendant has established an affirmative
 defense under this ,act4  7b7 ,an      
action taken by a covered platform      
operator that is reasonably tailored to 
protect the rights of third parties     
under sections #ajf1 #aaja1 #abja1 or   
#adja of title #ag of the ,united       
,states ,code or rights actionable under
 sections #cb or #dc of the ,lanham ,act
 7#ae ,u4,s4,c4 #aaad1 #aabe71 or       

corollary state law1 shall not be       
considered unlawful conduct under       
subsection #b7;a7 or 7b7 of this ,act4  
7c7 ,nothing in this ,act shall be      
construed to limit any authority of the 
,attorney ,general or the ,commission   
under the antitrust laws1 the ,federal  
,trade ,commission ,act 7#ae ,u4,s4,c4  
#de71 or any other provision of law or  
to limit the application of any law4    
#f4 ,severability ,if any provision of  
this ,act1 an amendment made by this    
,act1 or the application of such        
provision or amendment to any person or 
circumstance is held to be              
unconstitutional1 the remainder of this 
,act and of the amendments made by this 
,act1 and the application of the        
remaining provisions of this ,act and   
amendments to any person or circumstance
 shall not be affected4