,,ii  #aaith ,,congress  #ast ,session  
,s4 #baec  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,june #bd1     
#bjbe,mrs4 ,blackburn 7for herself1 ,mr4
 ,blumenthal1 ,mr4 ,lee1 ,ms4           
,klobuchar1 and ,mr4 ,durbin7 introduced
 the following bill2 which was read     
twice and referred to the ,committee on 
the ,judiciary  ,a ,,bill  ,to promote  
competition and reduce gatekeeper power 
in the app economy1 increase choice1    
improve quality1 and reduce costs for   
consumers4  #a4 ,short title ,this ,act 
may be cited as the ,open ,app ,markets 
,act4  #b4 ,definitions ,in this ,act3  
7#a7 ,app ,the term app means a software
 application or electronic service that 
may be run or directed by a user on a   
computer1 a mobile device1 or any other 
general purpose consumer computing      
device4  7#b7 ,app store ,the term app  
store means a publicly available        
website1 software application1 or other 
electronic service that distributes apps
 from third-party developers to users of

 a computer1 a mobile device1 or any    
other general purpose consumer computing
 device4  7#c7 ,covered company ,the    
term covered company means any person   
that owns or controls-- 7,a7 an app     
store for which users in the ,united    
,states exceed #ej1jjj1jjj on a monthly 
basis 7inclusive of support functions   
associated with the app store such as   
updates to apps72 and  7,b7 the         
operating system or operating system    
configuration on which the app store    
described in subparagraph 7,a7 operates4
  7#d7 ,developer ,the term developer   
means a person that owns or controls an 
app or an app store4  7#e7 ,in-app      
payment system ,the term in-app payment 
system means an application1 service1 or
 user interface to manage billing or    
process the payments from users of an   
app4  7#f7 ,nonpublic business          
information ,the term nonpublic business
 information means nonpublic data that  
is-- 7,a7 derived from a developer or an
 app or app store owned or controlled by

 a developer1 including interactions    
between users and the app or app store  
of the developer2 and  7,b7 collected by
 a covered company in the course of     
operating an app store or providing an  
operating system4  #c4 ,protecting a    
competitive app market  7a7 ,exclusivity
 and tying ,a covered company shall     
not-- 7#a7 require developers to use or 
enable an in-app payment system owned or
 controlled by the covered company or   
any of its business partners as a       
condition of the distribution of an app 
on an app store or being accessible on  
an operating system2  7#b7 require as a 
term of distribution on an app store    
that pricing terms or conditions of sale
 be equal to or more favorable on its   
app store than the terms or conditions  
under another app store2 or  7#c7 take  
punitive action or otherwise impose less
 favorable terms and conditions against 
a developer-- 7,a7 for using or offering
 different pricing terms or conditions  
of sale through another in-app payment  

system or on another app store2 or  7,b7
 on the basis that an app provides      
access to other third-party apps or     
games through remote electronic services
 rather than through download from an   
app store4  7b7 ,interference with      
legitimate business communications ,a   
covered company shall not impose        
restrictions on communications of       
developers with the users of an app of  
the developer through the app or direct 
outreach to a user concerning legitimate
 business offers1 such as pricing terms 
and product or service offerings4       
,nothing in this subsection shall       
prohibit a covered company from         
requiring that an app acquire user      
consent prior to the collection and     
sharing of the data of the user by an   
app4  7c7 ,nonpublic business           
information ,a covered company shall not
 use nonpublic business information     
derived from a third-party app for the  
purpose of competing with that app4  7d7
 ,interoperability ,a covered company   

that controls the operating system or   
operating system configuration on which 
its app store operates shall allow and  
provide readily accessible means for    
users of that operating system to-- 7#a7
 choose third-party apps or app stores  
as defaults2  7#b7 install third-party  
apps or app stores through means other  
than its app store2 and  7#c7 hide or   
delete apps or app stores provided or   
preinstalled by the covered company or  
any of its business partners4  7e7      
,self-,preferencing in search  7#a7  ,in
 general  ,a covered company shall not  
provide unequal treatment of apps in an 
app store through ranking schemes1 user 
interface features1 or algorithms that  
unreasonably preference or rank the apps
 of the covered company or any of its   
business partners over those of other   
apps in organic search results4  7#b7   
,considerations  ,unreasonably          
preferencing does not include clearly   
disclosed advertising4  7f7 ,open app   
development  7#a7 ,access ,a covered    

company shall provide access to         
operating system interfaces and hardware
 and software features to developers    
that are generally available to the     
public4  7#b7 ,documentation ,a covered 
company shall provide documentation and 
development information sufficient to   
access such interfaces and features4    
7#c7 ,timely and equivalent basis ,a    
covered company shall provide the access
 and documentation under this subsection
 on a reasonably timely basis and on    
terms that are equivalent to the terms  
for access by the covered company or to 
its business partners4  #d4 ,protecting 
the security and privacy of users  7a7  
,in general  7#a7 ,no violation ,subject
 to section 7b71 a covered company shall
 not be in violation of section #c for  
an action that is-- 7,a7 necessary to   
achieve user privacy or security2  7,b7 
taken to prevent spam or fraud2  7,c7   
necessary to prevent unlawful           
infringement of preexisting intellectual
 property2 or  7,d7 taken to prevent a  

violation of1 or comply with1 ,federal  
or ,state law4  7#b7 ,privacy and       
security protections ,in paragraph 7#a71
 the term necessary to achieve user     
privacy or security includes-- 7,a7     
allowing an end user to opt in1 and     
providing information regarding the     
reasonable risks1 prior to enabling     
installation of the third-party apps or 
app stores2  7,b7 removing malicious or 
fraudulent apps or app stores from an   
end user device2  7,c7 providing an end 
user with the means to verify the       
authenticity and origin of third-party  
apps or app stores2 and  7,d7 providing 
an end user with the option to limit    
access to the user's device or device   
features1 or limit the collection and   
sharing of the data of the user with    
third-party apps or app stores4  7b7    
,requirements  7#a7 ,in general         
,subsection 7a7 shall only apply if the 
covered company establishes by a        
preponderance of the evidence that the  
action described in that subsection is--

 7,a7 applied on a demonstrably         
consistent basis to-- 7i7 apps of the   
covered company or its business         
partners2 and  7ii7 other apps2 and     
7,b7 narrowly tailored and could not be 
achieved through a less discriminatory  
and technically possible means4  7#b7   
,certification ,the principal executive 
officer or officers of the covered      
company1 or persons performing similar  
functions shall submit to the court a   
certification made under penalty of     
perjury in accordance with section #agdf
 of title #bh1 ,united ,states ,code1   
that the action described in subsection 
7a7 is not used as a pretext to exclude1
 or impose unnecessary or discriminatory
 terms on1 third-party apps1 in-app     
payment systems1 or alternative app     
stores4  #e4 ,enforcement  7a7          
,enforcement  7#a7 ,in general ,the     
,federal ,trade ,commission1 the        
,attorney ,general1 and any attorney    
general of a ,state subject to the      
requirements in paragraph 7#c7 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 and         
provisions of the ,federal ,trade       
,commission ,act 7#ae ,u4,s4,c4 #da et  
seq471 the ,sherman ,act 7#ae ,u4,s4,c4 
#a et seq471 the ,clayton ,act 7#ae     
,u4,s4,c4 #ab et seq471 and the         
,antitrust ,civil ,process ,act 7#ae    
,u4,s4,c4 #acaa et seq471 as            
appropriate1 were incorporated into and 
made a part of this ,act4  7#b7 ,federal
 trade commission independent litigation
 authority ,if the ,federal ,trade      
,commission has reason to believe that a
 covered company violated this ,act1 the
 ,federal ,trade ,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 ,states against the covered     
company4  7#c7 ,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  7b7 ,suits by         
developers injured  7#a7 ,in general    
,except as provided in paragraph 7#c71  
any developer injured by reason of      
anything forbidden in this ,act may sue 
therefor in any district court of the   
,united ,states in the district in which
 the defendant resides or is found or   
has an agent1 without respect to the    
amount in controversy1 and shall recover
 threefold the damages by the developer 
sustained and the cost of suit1         
including a reasonable attorney's fee4  
,the court may award under this         
paragraph1 pursuant to a motion by such 
developer promptly made1 simple interest
 on actual damages for the period       

beginning on the date of service of the 
pleading of the developer setting forth 
a claim under this ,act and ending on   
the date of judgment1 or for any shorter
 period therein1 if the court finds that
 the award of such interest for such    
period is just in the circumstances4 ,in
 determining whether an award of        
interest under this paragraph for any   
period is just in the circumstances1 the
 court shall consider only-- 7,a7       
whether the developer or the opposing   
party1 or either party's representative1
 made motions or asserted claims or     
defenses so lacking in merit as to show 
that such party or representative acted 
intentionally for delay or otherwise    
acted in bad faith2  7,b7 whether1 in   
the course of the action involved1 the  
developer or the opposing party1 or     
either party's representative1 violated 
any applicable rule1 statute1 or court  
order providing for sanctions for       
dilatory behavior or otherwise providing
 for expeditious proceedings2 and  7,c7 

whether the developer or the opposing   
party1 or either party's representative1
 engaged in conduct primarily for the   
purpose of delaying the litigation or   
increasing the cost thereof4  7#b7      
,injunctive relief ,except as provided  
in paragraph 7#c71 any developer shall  
be entitled to sue for and have         
injunctive relief1 in any court of the  
,united ,states having jurisdiction over
 the parties1 against threatened loss or
 damage by a violation of this ,act1    
when and under the same conditions and  
principles as injunctive relief against 
threatened conduct that will cause loss 
or damage is granted by courts of       
equity1 under the rules governing such  
proceedings1 and upon the execution of  
proper bond against damages for an      
injunction improvidently granted and a  
showing that the danger of irreparable  
loss or damage is immediate1 a          
preliminary injunction may issue4 ,in   
any action under this paragraph in which
 the plaintiff substantially prevails1  

the court shall award the cost of suit1 
including a reasonable attorney's fee1  
to such plaintiff4  7#c7 ,foreign       
state-owned enterprises ,a developer of 
an app that is owned by1 or under the   
control of1 a foreign state may not     
bring an action under this subsection4  
#f4 ,reporting ,not later than #c years 
after the date of enactment of this     
,act1 the ,federal ,trade ,commission1  
the ,comptroller ,general of the ,united
 ,states1 and the ,antitrust ,division  
of the ,department of ,justice shall    
each separately review and provide an   
in-depth analysis of the impact of this 
,act on competition1 innovation1        
barriers to entry1 and concentrations of
 market power or market share after the 
date of enactment of this ,act4  #g4    
,rule of construction ,nothing in this  
,act may be construed-- 7#a7 to limit-- 
7,a7 any authority of the ,attorney     
,general or the ,federal ,trade         
,commission under the antitrust laws 7as
 defined in the first section of the    

,clayton ,act 7#ae ,u4,s4,c4 #ab771 the 
,federal ,trade ,commission ,act 7#ae   
,u4,s4,c4 #da et seq471 or any other    
provision of law2 or  7,b7 the          
application of any law2  7#b7 to        
require-- 7,a7 a covered company to     
provide service under a hardware or     
software warranty for damage caused by  
third-party apps or app stores installed
 through means other than the app store 
of the covered company2 or  7,b7        
customer service for the installation or
 operation of third-party apps or app   
stores described in subparagraph 7,a72  
7#c7 to prevent an action taken by a    
covered company that is reasonably      
tailored to protect the rights of third 
parties under section #ajf1 #aaja1      
#abja1 or #adja of title #ag1 ,united   
,states ,code1 or rights actionable     
under sections #cb or #dc of the ,act   
entitled ,an ,act to provide for the    
registration and protection of          
trademarks used in commerce1 to carry   
out the provisions of certain           

international conventions1 and for other
 purposes1 approved ,july #e1 #aidf     
7commonly known as the ,lanham ,act or  
the ,trademark ,act of #aidf7 7#ae      
,u4,s4,c4 #aaad1 #aabe71 or corollary   
,state law2  7#d7 to require a covered  
company to license any intellectual     
property1 including any trade secrets1  
owned by or licensed to the covered     
company2  7#e7 to prevent a covered     
company from asserting preexisting      
rights of the covered company under     
intellectual property law to prevent the
 unlawful use of any intellectual       
property owned by or duly licensed to   
the covered company2 or  7#f7 to require
 a covered company to interoperate or   
share data with any person or business  
user that-- 7,a7 is on any list         
maintained by the ,federal ,government  
by which entities are identified as     
limited or prohibited from engaging in  
economic transactions as part of ,united
 ,states sanctions or export control    
regimes2  7,b7 is a foreign entity that 

has been identified by the ,federal     
,government as a national security1     
intelligence1 or law enforcement risk1  
including the ,government of the        
,people's ,republic of ,china or the    
government of a foreign adversary 7as   
defined in section #h7;c7 of the ,secure
 and ,trusted ,communications ,networks 
,act of #bjai 7#dgc ,u4,s4,c4           
#afjg7;c7772 or  7,c7 is engaged in     
illegal or fraudulent activity4  #h4    
,severability ,if any provision of this 
,act1 or the application of such a      
provision to any person or circumstance1
 is held to be unconstitutional1 the    
remaining provisions of this ,act1 and  
the application of such provisions to   
any person or circumstance shall not be 
affected thereby4  #i4 ,effective date  
,this ,act shall take effect on the date
 that is #ahj days after the date of    
enactment of this ,act4