H.R. 3816 — what changed

changed discriminates among similarly situated business users.users, including, but not limited to, those business users employed by businesses owned by women and minorities.

changed restrict or impede the capacity of a business user to access or interoperate with the same platform, operating system, hardware and or software features that are available to the covered platform operator’s own products, services, or lines of business;

changed use non-public data obtained from or generated on the platform by the activities of a business user or its customers that is generated through an interaction with the business user’s products or services to offer offer, or support the offering of of, the covered platform operator’s own products products, services, or services;lines of business that are obtained from or generated on the covered platform—

changed restrict or impede a business user from accessing data generated on the covered platform by the activities of the business user user, or its customers through an interaction of a covered platform user with the business user’s products or services, such as by establishing contractual or technical restrictions that prevent the portability of such data by the business user to other systems or applications;

changed in connection with any user interfaces, interface, including search or ranking functionality offered by the covered platform, treat the covered platform operator’s own products, services, or lines of business more favorably than those of another business user;

changed interfere with or restrict a business user’s pricing of its goods products or services;

changed restrict or impede a business user, or a business user’s customers or users, from interoperating or connecting to any product or service; andor

changed retaliate against any business user or covered platform user person that raises concerns with any law enforcement authority about actual or potential violations of State or Federal law.law or that initiates or participates in litigation to enforce this Act.

changed be based on a finding that the criteria set forth in subsection (f)(4)(i)–(iii) (g)(4)(i)–(iii) are met;

changed will apply for ten 10 years from its issuance regardless of whether there is a change in control or ownership over the covered platform unless the Commission or the Department of Justice removes the designation pursuant to under subsection (f).(e).

changed consider whether its designation of a covered platform pursuant to under subsection (d) should be removed prior to the expiration of the ten-year period if the covered platform operator files a request with the Commission or the Department of Justice, which shows that the online platform is no longer a critical trading partner; andmeets the criteria set forth in subsection (g)(4)(i)–(iii);

changed determine whether to grant a request submitted under paragraph 1 not later than 120 days after the date of the filing of such request.request; and

changed Civil penalty— Any covered platform operator who is found to have violated subsections (a) or (b) shall be liable to the United States or the Commission for a civil penalty, which shall accrue to the United States, States Treasury, in an amount not more than the greater of—

changed Restitution; contract rescission and reformation; refunds; return of property— The Assistant Attorney General of the Antitrust Division, the Commission, or the attorney general of any State may seek, and the court may order, with respect to the a violation that gives rise to the suit, restitution for losses, rescission or reformation of contracts, refund of money, or return of property.

changed Disgorgement— The Assistant Attorney General of the Antitrust Division Division, the Commission, or the Commission attorney general of any State may seek, and the court may order, disgorgement of any unjust enrichment that a covered platform operator obtained as a result of the violation that gives rise to the suit.

changed Injunctions— The Assistant Attorney General of the Antitrust Division Division, the Commission, or the Commission attorney general of any State may seek, and the court may order, relief in equity as necessary to prevent, restrain, or prohibit violations of this Act.

changed If the fact finder determines that a violation of this Act arises from a conflict of interest related to the covered platform’s concurrent operation platform operator’s ownership or control of multiple lines of business, the court shall consider requiring requiring, and may order, divestiture of the line or lines of business that give rise to such conflict.

changed the covered platform’s platform operator’s ownership or control of that line of business creates the incentive and ability for the covered platform operator to—

changed Repeat offenders— If the fact finder determines that a covered platform operator has engaged in a pattern or practice of violating this Act, the court shall consider requiring requiring, and may order, that the Chief Executive Officer Officer, and any other corporate officer as appropriate to deter violations of this Act, forfeit to the United States Treasury any compensation received by that person during the 12 months preceding or following the filing of a complaint for an alleged violation of this Act.

changed at the time of the Commission’s or the Department of Justice’s designation under section 2(d), or any of point during the twelve 12 months preceding that time, a designation under section 2(d) or in at any of point during the 12 months preceding the filing of a complaint for an alleged violation of this Act—

changed has at least 100,000 United States-based monthly active business users on the online platform;

changed at any point during the 2 years preceding a designation under section 2(d) or at any point during the 2 years preceding the filing of a complaint for an alleged violation of this Act, is owned or controlled by a person with United States net annual sales, sales or a market capitalization greater than $600,000,000,000, adjusted for inflation on the basis of the Consumer Price Index, at the time of the Commission’s or the Department of Justice’s designation under section 2(d) or any of the two years preceding that time, or at any time in the 2 years preceding the filing of a complaint for an alleged violation of this Act; Index; and

changed Covered platform operator—Critical trading partner— The term covered platform operator critical trading partner means a person an entity that owns has the ability to restrict or controls a covered platform.impede the access of—

changed In general— .The Commission, Department of Justice, and any attorney general of a State subject to the requirements in paragraph (4) shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) or the Clayton Act (15 U.S.C. 12 et seq.), Except as appropriate, were incorporated into and made a part of otherwise provided in this Act.Act—

changed Unfair methods of competition— A violation of this Act shall also constitute an unfair method of competition under section 5 of the Federal Trade Commission Act (15 U.S.C. 5).45).

changed Commission independent litigation authority— If the Commission has reason to believe that a covered platform person violated this Act, the Commission may commence a civil action, in its own name by any of its attorneys designated by it for such purpose, to recover a civil penalty and seek other appropriate relief in a district court of the United States against the covered platform operator.States.

changed that action impairs the ability of at least one company 1 business user to compete with the covered platform.platform operator.

changed Nothing in this subsection prevents or limits the Commission, the United States, or any attorney general of any State from seeking other equitable relief as provided in subsection (h) (f) of this section.

changed In general— Any party that is subject to a covered platform designation under section 2(d) of this Act, a decision in response to a request to remove a covered platform designation under section 2(e) of this Act, a final order issued in any district court, court of the United States under this Act, or a final order of the Commission issued in an administrative adjudicative proceeding under this Act may within 30 days of the issuance of such designation, decision, or order, petition for review of such designation, decision, or order in the United States Court of Appeals for the District of Columbia Circuit.

changed Treatment of findings— In a proceeding for judicial review of a covered platform designation under to section 2(d) of this Act Act, a decision in response to a request to remove a covered platform designation under section 2(e) of this Act, or a final order of the Commission, Commission issued in an administrative adjudicative proceeding under this Act, the findings of the Commission or the Assistant Attorney General as to the facts, if supported by evidence, shall be conclusive.

changed Establishment of bureau— As soon as practicable, but not later than 180 days after the date of enactment of this Act, the Federal Trade Commission shall establish within the Commission a bureau of digital markets for purposes of enforcement of this Act.

changed report directly to the Chair of the Federal Trade Commission; and

changed be appointed by the Chair of the Federal Trade Commission.

changed Operation— The Joint Guidelines issued under this section do not confer any rights upon any person, State, or locality, nor shall they operate to bind the Commission, Department of Justice, or any person, State, or locality to the approach recommended in such Guidelines.

changed In general— Except as provided in subsection (b), any person who shall be injured in his business or property by reason of anything forbidden in this Act may sue therefor in any district court of the United States in the district in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall recover threefold the damages by him sustained, and the cost of suit, including a reasonable attorney’s fee. The court may award under this section, pursuant to a motion by such person promptly made, simple interest on actual damages for the period beginning on the date of service of such person’s pleading setting forth a claim under the antitrust laws this Act and ending on the date of judgment, or for any shorter period therein, if the court finds that the award of such interest for such period is just in the circumstances. In determining whether an award of interest under this section for any period is just in the circumstances, the court shall consider only—

changed Injunctive relief— Any person, firm, corporation, or association person shall be entitled to sue for and have injunctive relief, in any court of the United States having jurisdiction over the parties, against threatened loss or damage by a violation of this Act, when and under the same conditions and principles as injunctive relief against threatened conduct that will cause loss or damage is granted by courts of equity, under the rules governing such proceedings, and upon the execution of proper bond against damages for an injunction improvidently granted and a showing that the danger of irreparable loss or damage is immediate, a preliminary injunction may issue: Provided, That nothing herein contained shall be construed to entitle any person, firm, corporation, or association, except the United States, to bring suit for injunctive relief against any common carrier subject to the jurisdiction of the Surface Transportation Board under subtitle IV of title 49. In any action under this section in which the plaintiff substantially prevails, the court shall award the cost of suit, including a reasonable attorney’s fee, to such plaintiff.