3.0.0 1074 2023-01-11T13:49:23Z 2023-01-11T13:49:23Z Senate S 2021-04-12 117 ssju00 Judiciary Committee Senate Standing Referred to 2021-04-12T22:32:55Z 2021-04-12 ssju00 Judiciary Committee Senate Read twice and referred to the Committee on the Judiciary. IntroReferral 2021-04-12 Introduced in Senate IntroReferral 10000 9 Library of Congress H001089 Sen. Hawley, Josh [R-MO] Josh Hawley R MO N Commerce Administrative law and regulatory procedures Civil actions and liability Competition and antitrust Corporate finance and management Evidence and witnesses Federal Trade Commission (FTC) Government studies and investigations Internet and video services Internet, web applications, social media Judicial review and appeals Public contracts and procurement Securities Commerce 00 2021-04-12 Introduced in Senate 2022-08-02T17:10:38Z Trust-Busting for the Twenty-First Century Act

This bill makes various changes to the federal antitrust statutes and places restrictions on acquisitions involving certain dominant digital firms.

First, the bill revises the evidentiary standards for establishing an illegal monopoly. Under the bill, if a plaintiff establishes the existence of substantial market power or the detrimental effects of particular practices, then the plaintiff need not further establish the scope of the relevant market or the share of the market controlled by the defendant. Further, to prove that the procompetitive effects justify a defendant's conduct the defendant must show by clear and convincing evidence that (1) the procompetitive effects of the conduct outweigh the anticompetitive effects, and (2) the defendant could not obtain substantially similar procompetitive effects through commercially reasonable alternatives. In the case of a violation, courts must order the disgorgement of all profits earned as a result of the conduct.

Next, the bill generally prohibits acquisitions by companies with a market capitalization exceeding $100 billion where the effect of the acquisition may be to lessen competition.

Finally, the Federal Trade Commission may designate as a dominant digital firm a website or online service that the commission determines possesses dominant market power based on specified factors. Acquisitions by such firms in excess of $1 million are presumed unfair trade practices under the bill. Further, a dominant digital firm that provides search functionality must disclose to users any search results are that are promoted or demoted based on whether the search result is affiliated or not affiliated with the firm.

]]> Trust-Busting for the Twenty-First Century Act Display Title Trust-Busting for the Twenty-First Century Act Official Title as Introduced A bill to amend the Sherman Act, the Clayton Act, and the Federal Trade Commission Act to promote competition in the United States, and for other purposes. Introduced in Senate IS Short Title(s) as Introduced Trust-Busting for the Twenty-First Century Act Introduced in Senate IS Introduced in Senate 2021-04-12T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-117s1074is/xml/BILLS-117s1074is.xml 2021-04-12 Read twice and referred to the Committee on the Judiciary. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.