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Description

Introduction of Open App Markets Act in U.S. House

On 13 August 2021, the Open App Markets Act was introduced to the U.S. House of Representatives. The Act represents the House companion of the Bill introduced in the U.S. Senate two days ago. The legislature contains rules that secure consumer interests as well as safeguard competition in app markets. The bill targets all companies with more than 50 million U.S. users. If the Act turns into law, it could reduce Apple and Google's possibility of making profits through the fees of up to 30% they impose on app developers in their respective app stores. Specifically, companies above the threshold of 50 million U.S. users would be prohibited from obliging app developers to use a certain payment method. Furthermore, these app stores could also not demand to be given preferential conditions by app developers on their own platform, compared with other platforms. App stores are also prohibited from committing any act of self-preferencing. Finally, it is strictly forbidden for the app stores to take any sort of action against app developers using a different app store or applying different pricing conditions and to interfere with app developers' communication with its users. These rules would be enforced by both the Federal Trade Commission (FTC) and Attorney General and any attorney general of a State.

Original source

Scope

Policy Area
Competition
Policy Instrument
Unilateral conduct regulation
Regulated Economic Activity
software provider: app stores
Implementation Level
national
Government Branch
legislature
Government Body
parliament

Complete timeline of this policy change

Hide details
2021-08-11
under deliberation

On 11 August 2021, the Open App Markets Act was introduced to the U.S. Senate. The legislature cont…

2021-08-13
under deliberation

On 13 August 2021, the Open App Markets Act was introduced to the U.S. House of Representatives. Th…

2023-01-03
rejected

On 3 January 2023, the Open App Markets Act was rejected after failing to pass before the 117th Con…

Key regulatory dimensions

Regulated subjects

The businesses, government agencies or individuals affected by this policy or regulatory change.
producer / supplier
1
Type Private organisation
Economic activity software provider: app stores
Category All
consumer / buyer
2
Type Private organisation
Economic activity other service provider
Category All

Policy change by business practice

The detailed activities within the scope of this policy or regulatory change.
software: app store: hosting (any form)
Regulatory tool
Private right of action
Sanctions
Regulated subjects
2
Regulatory tool
Prohibition of self-preferencing in algorithms or presentation
End user access requirement
Prohibition of end-user contract limitations
Prohibition of supplementary contractual obligations
Sanctions
Determined by existing law or regulation
Civil penalty
Regulated subjects
1

Policy change by business practice

The detailed activities within the scope of this policy or regulatory change.

software: app store: hosting (any form)