Two proposed US antitrust laws should be put to a vote in the next few weeks, Democratic members of Congress say.
In a letter to Senate Minority Leader Chuck Schumer, they express concern that the time for passing laws before the end of the year is running out…
Background
There are growing concerns about the power and dominance of the market by a small number of tech giants. Politicians on both sides of the aisle have been working for years on antitrust laws aimed at creating a more level playing field for smaller companies.
While attempts have been made to create a single, comprehensive antitrust law, the goal has proved too ambitious. Congress then began work on several antitrust bills, each designed to address different issues. Two of them have advanced to the point where they are ready to vote:
It is this second bill that poses the greatest threat to Apple, requiring major changes to the App Store business model.
Competing app stores will be allowed on iPhones and Android phones. Consumers will choose which app from the app store to download. Consumers will choose their default apps.
Apple has strongly opposed this, insisting that sole control over the sale of iPhone apps is safer for consumers, but ongoing revelations of multimillion-dollar App Store scams have cast doubt on that notion.
US antitrust laws need a vote now
Both bills now require Schumer to schedule a vote. He has so far refused to do so, claiming he supports the laws but wants to make sure they get passed. Others believe that he is less passionate than he would like people to think and that he is holding back in the hope that they will be buried when attention turns to the midterms.
About 18 leaders of the Congressional progressive group are currently trying to pressure Schumer by writing an open letter urging him to schedule a vote on both bills.
The letter indicates that both bills were drafted by a bipartisan committee.
As you know, these bills are the by-product of a bipartisan 16-month investigation led by the House Judiciary Committee Subcommittee on Antitrust, Commercial, and Administrative Law (the Antitrust Subcommittee). This investigation was one of the most extensive and in-depth market investigations in Congressional history.
He points to a number of opinion polls showing that the law has strong public support, as well as the approval of numerous government agencies, including the Department of Justice.
The Department explained that dominant platforms pose a threat to competition and open markets, as well as risks to consumers, businesses, innovation, economic sustainability, America’s global competitiveness, and our democracy. The department noted that it “strongly supports” the aims of the legislation, “and encourages both [Judiciary] The committee and Congress should work to complete this law and make it law.”
The letter writers say Schumer must act now to get both acts put to a vote.
It’s time for Congress to vote on this bill. The House Judiciary Committee did an extensive mark-up over a year ago and reported HR 3816, a companion to S. 2992, with bipartisan support. The Senate Judiciary Committee reported cases S. 2992 and S. 2710 almost six months ago, also with bipartisan support. Over the past months, the drafters of the bills have worked closely with other members to resolve issues, answer questions, and provide narrow tailoring of the legislation. As a result of this work, these bills are ready for voting, and we encourage you to schedule a vote on them in the next few weeks.
You can read the full text of the letter here.
Photo: Laurie Shaull
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