House lawmakers introduce five bipartisan bills to limit anticompetitive practices of tech giants like Amazon, Apple, Google, and Facebook

The proposals could reshape the tech industry as we know it — On Friday, House Democrats introduced five new bills meant to chip away at the power …

The Verge 2021-06-12 Makena Kelly

Context & Ripple Effects

The five-bill package follows the House’s sweeping 2019 investigation into major technology platforms, turning scrutiny of Amazon, Apple, Facebook, and Google into proposed conduct rules. Related coverage describes the measures as varying in scope and sometimes conflicting, making the package a legislative starting point rather than a single settled remedy.

The effort advanced when the House committee later approved the five antitrust bills, including provisions concerning data portability and acquisitions of competitors. Later release of internal documents alleging self-preferencing at Amazon, Meta, and Google supplied a further factual case for tougher rules.

First-order effects

Amazon, Apple, Facebook, and Google face a coordinated set of proposed federal restrictions aimed at conduct lawmakers characterize as anticompetitive, placing their platform practices under a more formal legislative challenge.
House members must reconcile bills with differing approaches before the package can become a coherent set of rules for the targeted companies.

Second-order effects

Data-portability provisions would make user switching a central competitive variable for platforms whose services depend on retaining users and their data.
Limits on acquisitions of competitors would shift growth decisions at the largest platforms toward internal development and make congressional and regulatory scrutiny more consequential for deal strategy.

Third-order effects

The package marks a move from investigating concentrated technology markets to defining platform-specific obligations, with the eventual rule set depending on how lawmakers resolve conflicts among the proposals.
If such rules advance, competition policy would increasingly assess dominant platforms through conduct such as self-preferencing, user mobility, and acquisitions rather than relying only on traditional case-by-case enforcement.

The trend: US tech antitrust policy is moving from congressional investigation toward prescriptive rules governing how dominant platforms compete, acquire, and retain users.

Discussion

Vox Shirin Ghaffary on x
What you need to know about the House's opening bid to rein in Big Tech
@alecstapp Alec Stapp on x
@crampell The bill is conveniently written to apply only to companies with a market cap greater than $600 billion (among other criteria). So it's only bad when Amazon does it, but not when Walmart and Costco and Kroger do it... https://twitter.com/...
@caseynewton Casey Newton on x
I spent the day reading the five big bills Democrats are planning to introduce to regulate Big Tech, and looked at them through the lens of which problems Congress wants to solve. There are some good ideas here! https://www.platformer.news/ ... https://twitter.com/...
@davidcicilline David Cicilline on x
I've authored the American Innovation and Choice Online Act with @Lancegooden. This bill prohibits companies like Amazon from manipulating their marketplaces to promote their own products. You can read the bill here. #AStrongerOnlineEconomy https://cicilline.house.gov/ ...
@repkenbuck Rep. Ken Buck on x
I'm excited to lead this bipartisan effort with @davidcicilline to break up Big Tech's monopoly power. https://www.axios.com/...
@lancegooden Lance Gooden on x
Americans suffer because a few Big Tech oligarchs control ENTIRE parts of the internet. I intro'd the Ending Platform Monopolies Act w/ @RepKenBuck and @RepJayapal to REIN IN BIG TECH. Amazon & Facebook are going to hate it, but this BIPARTISAN bill deserves YOUR support.
@orientaljanedoe Jane Chung on x
11. Facebook's “mark safe during a disaster” tool: I worked at Facebook when they developed this product and it was 100% a PR move to try and make people think “Facebook is good for the world” https://twitter.com/...
@orientaljanedoe Jane Chung on x
3. Facebook and Instagram cross-posting: what kind of psychopath needs a ‘one touch’ cross-posting function between the two? what kind of psychopath posts on Facebook anymore?
@alexstamos Alex Stamos on x
There are tons of small acquisitions of companies with specific skillsets or features that can't get the impact they want, and large companies that want to improve existing products. This would decimate a key way talent and capital flow up and down the stack.
@b_fung Brian Fung on x
The committee has now posted the legislation at these links here: https://cicilline.house.gov/ ... https://cicilline.house.gov/ ... https://cicilline.house.gov/ ... https://cicilline.house.gov/ ... https://cicilline.house.gov/ ...
@orientaljanedoe Jane Chung on x
7. Facebook Marketplace and Groups alongside your Facebook news feed: I assure you nobody will miss this
@doctorow Cory Doctorow on x
Five Big Tech antitrust bills were introduced in the House Judiciary Committee today; they're the most significant antitrust effort in more than half a century, and they cover a lot of ground. https://cicilline.house.gov/ ... 1/ https://twitter.com/...
@mattgaetz Matt Gaetz on x
Thank you for your leadership Ken! https://twitter.com/...
@davidcicilline David Cicilline on x
We have introduced five bills today to strengthen our laws to hold tech monopolies accountable, and build #AStrongerOnlineEconomy.
@senatorshoshana @senatorshoshana on x
LOL AMAZING “The bills would make it impossible for FB to show your friends' Insta stories at the top of the news feed—& ban users' 1-touch cross-posting between FB & Insta” https://medium.com/... @adamkovac @ProgressChamber WELL THANK GOODNESS CONGRESS IS ON THE BIG ISSUES
@repjayapal Rep. Pramila Jayapal on x
From Amazon and Facebook to Google and Apple — it's clear that unregulated tech giants have become too big to care and too powerful to ever put people over profits. I'm proud to be pushing to rein in their monopolistic practices and protect competition. https://jayapal.house.gov/…
@tommanatos Tom Manatos on x
Thank you @davidcicilline & @RepKenBuck for your efforts! @Spotify's @horaciog “Gatekeeper platforms' anticompetitive practices have gone unchecked for too long, stifling competition and threatening innovation.” (1/3) #AStrongerOnlineEconomy
@austen @austen on x
The revisionist history on this is hilarious. Virtually everyone in the country (except Mark Zuckerberg) thought the Instagram acquisition was a stupid idea, and most mocked it openly. Saying it shouldn't have been allowed in retrospect... doesn't solve much. https://twitter.com/…
@geoffreyfowler Geoffrey A. Fowler on x
NEW: Bipartisan group of House lawmakers introduces legislation targeting tech giants https://www.washingtonpost.com/ ... @RepCicilline: “Right now, unregulated tech monopolies have too much power over our economy.”
@benedictevans Benedict Evans on x
The idea that if you run a platform, you can't compete on it, is wonderfully clear and sensible. Until you realise you've just banned described literally everything a platform does, including the clock app on your iPhone, the camera app, and the Windows printing system
@jesselehrich Jesse Lehrich on x
all 5 bills have bipartisan support. this is a BFD. https://twitter.com/...
@benedictevans Benedict Evans on x
One-tap WebAuthn 2FA account creation. iOS and MacOS, in apps and the web. (Worth noting that one of the US tech regulation bills introduced today would ban this. 'Can't compete on your platform, remember?') https://twitter.com/...
@doctorow Cory Doctorow on x
I happen to think it's not a good trade-off, and I plan to campaign for these bills to pass - AFTER they're amended to add a private right of action. Despite the compromises, these are VERY good bills, the biggest thing to happen to antitrust in generations. eof/
@vijayshekhar Vijay Shekhar Sharma on x
Even USA gets it: “It shall be unlawful for a covered platform operator to own or control a line of business, other than the covered platform, when the covered platform's ownership or control of that line of business gives rise to an irreconcilable conflict of interest.” #Google …
@carnage4life Dare Obasanjo on x
If Amazon can no longer sell store brands on its website can Walmart & Costco still do that? The unintended consequences from a bunch of these laws is going to be epic. https://twitter.com/...
@repjoeneguse Rep. Joe Neguse on x
Proud to join Chair @davidcicilline to unveil a comprehensive, bipartisan antitrust package today including our Merger Filing Fee Modernization Act Effective antitrust enforcement doesn't just protect innovation but consumers as well. Let's get it done. https://www.washingtonpost…
@repkenbuck Rep. Ken Buck on x
Thanks for being willing to take on Big Tech. Happy to have your support! https://twitter.com/...
@adamkovac Adam Kovacevich on x
House Democrats' new antitrust bills would ban Apple's App Store recommending the best apps. Because the bills ban platforms from discriminating among services that use its platform, Apple's App Store could no longer recommend the best apps. https://twitter.com/...
@doctorow Cory Doctorow on x
Despite that, there's an important omission from this bill: a private right of action. Laws with private rights of action can be enforced by the public - that is, if a company hurts you, you can sue (or join a class action, or seek help from a public interest lawfirm). 10/
@ne0liberal Neoliberal on x
Would effectively ban: Find My Phone Amazon Basics Google Maps, YouTube, or any google service in search results Amazon Prime Posting to FB+IG at the same time Any pre-installed iphone app Almost all recommendations Lyrics in searches FB marketplace https://medium.com/...
@repmgs Congresswoman Mary Gay Scanlon on x
Democrats and Republicans agree: We have to do something about the power of Big Tech monopolies. Today, I joined a bipartisan group of lawmakers to introduce five bills to hold tech companies accountable. See our #AStrongerOnlineEconomy announcement: https://cicilline.house.gov/ …
@repkenbuck Rep. Ken Buck on x
I'm hearing rumors that the Big Tech “tassled loafer lobbyists” are lying to reporters already. Let me correct the record. These bills only apply to Big Tech monopoly companies that meet ALL three elements of the definition.
@adamkovac Adam Kovacevich on x
House Democrats' new antitrust bills would ban LinkedIn integration into Microsoft Office. Because Microsoft owns Linkedin, the bills would ban its integration of Linkedin contact info into Microsoft Office 365. https://twitter.com/...
@carnage4life Dare Obasanjo on x
It's going to be hilarious to see companies managing their market cap so they don't hit some regulation cliff and then risk being broken up. Market cap at $580B? Better have the CEO tweet something politically incorrect so the company gets cancelled. https://twitter.com/...
@repkenbuck Rep. Ken Buck on x
I'm grateful for our Republican leads who are standing up to Big Tech with these bills: @RepCawthorn @Lancegooden @RepBurgessOwens @RepMattGaetz @RepSpartz @RepChipRoy. It's great to be in this fight with you!
@public_citizen @public_citizen on x
Monopoly power lowers wages, reduces innovation and entrepreneurship, undermines the free press, and perpetuates toxic systems of racial and class dominance. The party is over, Big Tech. https://twitter.com/...
@orientaljanedoe Jane Chung on x
jokes aside, my biggest gripe is that this underestimates consumers if presented w the tradeoff honestly, most would agree to click an extra button sometimes so we can rein in monopoly, loosen chokehold on democracy, keep workers safe & give small business a fighting chance https…
@doctorow Cory Doctorow on x
But I'm most excited about is the #ACCESSAct, a bill to force interoperability on the biggest tech platforms, the kinds of services people use because they have to, because their friends or communities or customers (or media) are locked into them. https://www.eff.org/... 3/
@jason_kint Jason Kint on x
Not bad for a summer Friday, y'all. Amazing - bipartisan leadership likely turned up the dial of discomfort at Apple and Amazon. At Google and Facebook it should already be at 11. https://twitter.com/...
@repkenbuck Rep. Ken Buck on x
I'm proud to stand up to Big Tech with my Republican colleagues @RepCawthorn, @Lancegooden, @RepBurgessOwens, @RepMattGaetz, @RepSpartz, and @RepChipRoy. https://twitter.com/...
@jason_kint Jason Kint on x
I keep staring at this one sentence in this one bill and wondering if it kneecaps a majority of the surveillance capitalism by Google and Facebook that happens when you're not even using their services. Seems like the superhero language. https://twitter.com/... https://twitter.co…
@repkenbuck Rep. Ken Buck on x
We are breaking up Big Tech. https://www.dailywire.com/...
@alexstamos Alex Stamos on x
This is a good rundown of the new tech regulation bills by @CaseyNewton. There are some good ideas here, but I think the anti-acquisition law is too broad. For ex: could have blocked Zoom's acquisition of Keybase, which brought E2EE and other security enhancements to millions. ht…
@alexstamos Alex Stamos on x
And here is the text of the bill. Also doesn't define what an “online platform” is. Does that include all SaaS companies with 100,000 business accounts? https://t.co/cwvbERr0y2
@reckless Nilay Patel on x
This tidal wave of bipartisan anger has been building for over a year, and instead of doing anything to really lower the pressure, almost every big tech company has chosen to double down on platform fees and self-preferencing. A business school case study in the making
@jason_kint Jason Kint on x
Here is the full package of the 5 bipartisan antitrust bills. Note: I'm already seeing some subtle but important distinctions from drafts floating around in reports yesterday. I would read these, not those. https://cicilline.house.gov/ ...
@reckless Nilay Patel on x
Lots of thoughts to sort out, but the main one is that the big tech companies should all take a really long pause and ask themselves why they didn't just ease up the tiniest bit on world domination instead of careening into bipartisan regulatory efforts https://www.theverge.com/.…
@tribelaw Laurence Tribe on x
“Unregulated tech monopolies have too much power over our economy. They are in a unique position to pick winners and losers, destroy small businesses, raise prices on consumers and put folks out of work.” And their business model destroys our privacy. https://www.nytimes.com/...
@drriteshmalik Dr Ritesh Malik on x
This is so pertinent. How can a platform sell products,learn from the data of the sold products and customer behaviour & launch their own line,slowly weaning off competition because the platform owns the distribution. Tech giants need 2 embrace ethics & regulations to b tightened…
@pathedger18 Patrick Hedger on x
How is it pro-competition to ban Amazon, but not the brick and mortar retailers it competes with, from selling generic products? In other news, the NFL is going to ban Tom Brady from wearing cleats. https://twitter.com/...
@azeem Azeem Azhar on x
Amazon and other Big Tech companies could be forced to split their platforms and own-brand businesses under a House bill https://www.wsj.com/... via @WSJ
@jasonlemon Jason Lemon on x
“Each of the bills has both Republicans and Democrats signed onto it, with more expected to join once they are announced, according to a person familiar with the matter.” https://twitter.com/...
@margarethmcgill Margaret Harding McGill on x
Bipartisan antitrust bills out today could fundamentally change how Apple, Amazon, Google and Facebook operate, @ashleyrgold + me https://www.axios.com/...
@hshaban Hamza Shaban on x
From Zuckerberg's “Senator, we run ads,” to this: https://twitter.com/...
@b_fung Brian Fung on x
Among the most significant of these is a bill banning tech giants from competing on the same platforms they own. Where this creates an “irreconcilable conflict of interest,” the lawmakers say, platforms should have to spin off some assets. So what does this mean in practice?
@axios @axios on x
NEW: Congress introduced bills today that would: • Force Apple to change how it runs its app store • Break apart Amazon's control of its marketplace • Stop Facebook and Google from buying smaller rivals https://www.axios.com/...
@jordannovet Jordan Novet on x
control-F Microsoft 0/0 https://twitter.com/...
@wajahatali Wajahat Ali on x
Much needed and important, but it'll die. Big Tech has too much power and wealth spread across the aisles and not enough lawmakers willing do the right thing. Still, glad it was introduced. https://www.nytimes.com/...
@davidcicilline David Cicilline on x
Proud to be leading this bipartisan effort to build #AStrongerOnlineEconomy with @RepKenBuck. https://www.nytimes.com/...
@b_fung Brian Fung on x
Big news out of Congress: House lawmakers have officially introduced five bipartisan bills that target the underlying business models of Silicon Valley giants and in some cases open the door to breakups.
@profgalloway Scott Galloway on x
Jesus. Christ. Finally. via @NYTimes https://www.nytimes.com/...
@kellymakena Makena Kelly on x
NEW: House lawmakers have put out a massive, bipartisan package to curb Big Tech's power More here: https://www.theverge.com/...
@danamattioli Dana Mattioli on x
House lawmakers are proposing legislation Friday that, if passed, could cause Amazon to have to spin off its private-label and devices businesses or split into two. W/ ⁦@ryanjtracy⁩ https://www.wsj.com/...
@karlbode Karl Bode on x
Any meaningful antitrust reform would involve shoring up the oversight of monopolies securely lodged up the GOP colon (telecom comes quickly to mind) so please stop pretending this is going to ever happen https://www.axios.com/...
@joshconstine Josh Constine on x
Whoa. These anti-monopoly bills could shatter big tech & change the startup game: -No acquiring competitors -No favoring your own products -No improving products with merchants/devs data -Authority for DOJ to break up tech giants! https://bigtechnology.substack.com/ ...
@kantrowitz Alex Kantrowitz on x
Congress is about to throw everything — EVERYTHING — at the tech giants. The five draft bills circulating around the House are the stuff of Big Tech detractors' dreams. I got ahold of the bills and break them down in this week's @BigTechnology: https://bigtechnology.substack.com/…

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