Cicilline Statement on Big Tech Markup

WASHINGTON – Antitrust Subcommittee Chairman David N. Cicilline (RI-01) released the following statement after the House Judiciary Committee approved all six bipartisan bills to build A Stronger Online Economy:

“Today, we have sent a clear message. The United States will no longer let other countries lead the fight against unregulated monopoly power. America is ready to hold Big Tech accountable so we can build A Stronger Online Economy.”

“Once these bills are signed into law, they will help ensure lower prices and greater choice for consumers, higher wages for workers, and more opportunities for small businesses to get ahead. I look forward to continuing to work in a bipartisan fashion to get the job done and send these bills to President Biden’s desk.”

The legislation approved by the Judiciary Committee includes:

• H.R. 3816, the “American Choice and Innovation Online Act” prohibits discriminatory conduct by dominant platforms, including a ban on self-preferencing and picking winners and losers online. The bill is sponsored by Antitrust Subcommittee Chairman David N. Cicilline (D-RI) and cosponsored by Rep. Lance Gooden (R-TX).

• H.R. 3460, the “State Antitrust Enforcement Venue Act of 2021” ensures state attorneys general are able to remain in the court they select rather than having their cases moved to a court the defendant prefers. The bill is sponsored by Antitrust Subcommittee Ranking Member Ken Buck (R-CO) and cosponsored by Antitrust Subcommittee Chairman Cicilline (D-RI).

• H.R. 3826, the “Platform Competition and Opportunity Act” prohibits acquisitions of competitive threats by dominant platforms, as well acquisitions that expand or entrench the market power of online platforms. The bill is sponsored by Rep. Hakeem Jeffries (D-NY) and cosponsored by Antitrust Subcommittee Ranking Member Buck (R-CO).

• H.R. 3825, the “Ending Platform Monopolies Act” eliminates the ability of dominant platforms to leverage their control across multiple business lines to self-preference and disadvantage competitors in ways that undermine free and fair competition. The bill is sponsored by Rep. Pramila Jayapal (D-WA) and cosponsored by Rep. Lance Gooden (R-TX).

• H.R. 3849, the “Augmenting Compatibility and Competition by Enabling Service Switching (ACCESS) Act” promotes competition online by lowering barriers to entry and switching costs for businesses and consumers through interoperability and data portability requirements. This bill is sponsored by Rep. Mary Gay Scanlon (D-PA) and cosponsored by Rep. Burgess Owens (R-UT).

• H.R. 3843, the “Merger Filing Fee Modernization Act” updates filing fees for mergers for the first time in two decades to ensure that Department of Justice and Federal Trade Commission have the resources they need to aggressively enforce the antitrust laws. This bill is sponsored by Rep. Joe Neguse (D-CO) and cosponsored by Rep. Victoria Spartz (R-IN).

This markup built on the findings of the Antitrust Subcommittee’s 16-month, top-to-bottom investigation into the state of competition in the digital marketplace, which included seven Congressional hearings, the production of nearly 1.3 million internal documents and communications, submissions from 38 antitrust experts, and interviews with more than 240 market participants.

The six bills approved in Committee today now await further consideration by the full House of Representatives.