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USA: Senators introduce bill for the American Innovation and Choice Online Act
Senators Amy Klobuchar and Chuck Grassley introduced, on 18 October 2021, a bill for the American Innovation and Choice Online Act, a bipartisan bill with the purpose of establishing rules for dominant digital platforms to prevent market abuse that harms competition, online businesses, and consumers. In particular, the bill would prohibit specific forms of conduct that are harmful to small businesses, entrepreneurs, and consumers, including:
- preventing another business's product or service from interoperating with the dominant platform or another business;
- requiring a business to buy a dominant platform's goods or services for preferred placement on its platform;
- misusing a business's data to compete against them; and
- biasing search results in favour of the dominant firm.
Additionally, the bill would provide strengthened enforcement powers for antitrust regulators in the U.S., including increased civil penalties, authority to seek injunctions and emergency interim relief, and potential forfeiture of executive compensation. Further to this, any person who is found liable must pay the U.S. Department of the Treasury no more than 15% of the total U.S. revenue of the person for the period of time the violation occurred.
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