Five bills: each covering a slightly different aspect of antitrust/tech platforms.
1) Line of business restrictions. This is the "Glass-Steagall of the Internet" idea that Cicilline has talked up. The legislation takes aim at companies (like Amazon) that operate a dominant platform and promote their own goods or services on it.
2) Non-discrimination. This would bar platforms from discriminating against rivals — legislation that would prohibit many of the tech giants from “self-preferencing” or favoring their own products.
The DOJ, FTC or state attorneys general could sue platforms for engaging in discriminatory conduct, including if a platform restricts a business’ access to customers’ commercial data or requires companies to purchase another product or service to gain access to the platform.
This one seems most clearly aimed at Apple and Amazon, though it would also impact Google's self-preferencing in search results.
3) Data portability/interoperability. the bill would require online platforms to create interfaces to let users easily move their data to other services.
The FTC would be empowered to make rules governing the transfer of data between services, and the DOJ and FTC could also sue and seek damages from companies that seek to violate the portability or interoperability requirements.
4) Mergers. It would prohibit platforms from acquiring potential rivals — legislation intended to beef up the FTC and DOJ’s ability to police start-up acquisitions.
A platform would be required to show “clear and convincing evidence” in court that the potential rival doesn’t compete with it or pose a competitive threat.
5) Money. This one is a companion to the Merger Filing Fee Bill by Klobuchar and Grassley that passed last night as part of Endless Frontiers. It would up the filing fees for bigger mergers (and reduce them for smaller ones)

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More from @leah_nylen

10 Jun
. @EnergyCommerce voted 30-22 to advance a bill to restore the @FTC ability to seek restitution and disgorgement from companies that break the law in the wake of the Supreme Court's AMG decision that the agency didn't have that authority
Before moving the bill, Democrats defeated, 25-28, an amendment offered by Rep. Gus Bilirakis (R-Fla.) that would have reduced to 5 years from 10 years the period of time for which they could seek monetary remedies.
The amendment would also have changed the bill so it would only apply to FTC cases going forward, not any of its pending ones.
Read 4 tweets
7 Jun
The New York Senate voted 43-20 to pass S 933A, legislation to amend the state's antitrust law…
One R voted in favor of the bill: Sen. Andrew Lanza, who represents Staten Island. One D voted against the bill: Sen. John Brooks, who reps Long Island/South Shore
From Assemblyman Jeffrey Dinowitz, who is championing the bill in that chamber: "Massive corporations must not be empowered to use their sheer size to circumvent the anti-trust regulations that have been put in place in New York for many years. /1
Read 5 tweets
24 May
YGR: the market has to include some substitutes.
Bornstein: It's critical to decide what the product is before you can decide substitutes. The market we defined is the market for app distribution. It's not the in-app purchase.
Bornstein: It's getting the app on your phone.
YGR: Is there any definition that gets to the problem where the market has economic substitutes.
Bornstein: Our view is there is no economic substitute for getting an app on the phone. There are substitutes for the App Store.
YGR: Your market definition doesn't include substitutes because that doesn't reflect reality.
Bornstein: The substitutes would be direct distribution or alternative app stores. We do not believe that distribution of an app on Android or console is an economic substitute.
Read 162 tweets
24 May
Our hybrid closings in #epicvapple start in a bit. Today's in-court reporters are @doratki and @mslopatto. I'll be following along again today in case YGR gives some more clues about her thinking.
For Epic, Gary Bornstein will be doing all the talking. For Apple, Richard Doren will discuss remedies; Daniel Swanson will talk about market definition; and Veronica Moye will talk about conduct and effects.
YGR asks each side to give her their top two areas: Bornstein says market definition and remedy; Doren says those are good for Apple to start.
Read 15 tweets
21 May
"The lack of competition on the 30 percent is something that is troubling," YGR says.
The media line went dead for a few minutes but is now back. Tim Cook is now coming up to be sworn in.
Apple's Veronica Moye is doing the questioning. Cook is getting some water before he begins.
Read 230 tweets
21 May
Day 15 (and our last trial day) for #epicvapple. MLex's @MActon93 and Law360's @doratki are in court today.

Apple CEO Tim Cook will be up first. After he's done, Aviel Rubin, Apple's security expert from Johns Hopkins, will finish his testimony.
Going through our morning introductions now.
Epic has roughly 2 hours left (YGR gave both sides 45 hours each and has been timing them)
Read 5 tweets

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