I 
115TH CONGRESS 
1ST SESSION H. R. 4686 
To establish the National Commission on Economic Concentration to study 
the effects of economic concentration on competition, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 19, 2017 
Mr. ELLISON (for himself, Ms. JAYAPAL, Mr. POCAN, and Mr. CICILLINE) in-
troduced the following bill; which was referred to the Committee on the 
Judiciary 
A BILL 
To establish the National Commission on Economic Con-
centration to study the effects of economic concentration 
on competition, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘21st Century Competi-
tion Commission Act of 2017’’. 
SEC. 2. FINDINGS AND SENSE OF CONGRESS. 
(a) FINDINGS.—Congress finds the following: 
(1) There is substantial evidence showing that 
competition has declined across the American polit-
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SEC. 3. COMMISSION ESTABLISHED. 
(a) ESTABLISHMENT.—There is established the Na-
tional Commission on Economic Concentration (herein-
after referred to as the ‘‘Commission’’). 
(b) DUTIES.— 
(1) STUDY.—The Commission shall conduct a 
study of economic concentration to determine the 
following: 
(A) The extent of concentration in aggre-
gate and in specific markets in specific sectors. 
(B) The extent of vertical integration in 
specific sectors and the effects of increasing 
vertical integration on commerce within such 
sectors. 
(C) The extent to which changes in con-
centration 
and 
integration 
correspond 
to 
changes in— 
(i) profits; 
(ii) innovation; 
(iii) productivity; 
(iv) new business formation; 
(v) distribution of wealth and income; 
(vi) wages; 
(vii) employment; 
(viii) prices; and 
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(ix) non-price terms and conditions 
that adversely affect suppliers or con-
sumers, including reduced— 
(I) quality of products or serv-
ices; 
(II) variety of products or serv-
ices; 
(III) protection of privacy; and 
(IV) ability of the consumer to 
exercise legal rights, including the ex-
ercise of such rights through manda-
tory arbitration agreements. 
(D) The effects concentration has on racial 
minorities and rural communities, with respect 
to— 
(i) credit and banking services; 
(ii) food; 
(iii) access to affordable healthcare 
and medicine; 
(iv) fair and affordable housing; 
(v) affordable access to internet; and 
(vi) energy and utilities. 
(E) With respect to entrepreneurs and 
independent businesses, the obstacles to busi-
ness formation and expansion, including the ef-
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fects of rising concentration on the capability to 
enter markets and compete. 
(F) The effects of rising concentration on 
workers, including employees and independent 
contractors, with respect to— 
(i) labor market competition; 
(ii) labor mobility; 
(iii) wage and benefit levels; 
(iv) wage distribution; 
(v) wage volatility; and 
(vi) other material benefits. 
(G) The effects of rising concentration on 
suppliers, farmers, and other upstream market 
participants, with respect to— 
(i) competition in markets for their 
products and services; 
(ii) income levels; 
(iii) income distribution; and 
(iv) income volatility. 
(H) The effects of concentration on the re-
siliency of industrial, financial, and techno-
logical systems. 
(I) The extent of concentration within 
banking and financial sectors and the effects of 
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such concentration on lending and new business 
formation. 
(J) With respect to major technology plat-
forms that are dominant in a market sector— 
(i) the extent of concentration of con-
trol of communication, commerce, and crit-
ical technology; 
(ii) the extent to which data, critical 
technology, and other assets that are avail-
able only to major technology platforms 
are being used to undermine competition; 
(iii) the effects of large-scale data ac-
quisition on market stability; 
(iv) the effects of such concentration 
on new business formation, investment 
flows, and distribution of revenue and prof-
its among firms; 
(v) the extent to which network effects 
allow major technology platforms to attain 
and maintain market power; and 
(vi) in the online marketplace, the ex-
tent to which competitors are capable of 
usurping the dominance of major tech-
nology platforms. 
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(K) The extent of common ownership by 
institutional investors and the effects of such 
common ownership. 
(L) The extent of distribution of patent, 
copyright, and trademark ownership across 
firms. 
(M) The causes of concentration and fac-
tors that exacerbate the adverse effects of such 
concentration. 
(N) The relationship among concentration, 
vertical integration, firm size, and corporate po-
litical activities, including lobbying activities 
and donations to campaigns and political cam-
paign committees. 
(O) The economic benefits and costs of the 
increase of mergers and conglomerates. 
(P) The extent of abuse of superior bar-
gaining power between buyers and sellers. 
(2) REPORT.—Not later than 3 years after the 
date of the enactment of this Act, the Commission 
shall submit to Congress a report describing the re-
sults of such study. 
(c) MEMBERSHIP.— 
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(1) COMPOSITION OF THE COMMISSION.—The 
Commission shall be composed of 15 members ap-
pointed as follows: 
(A) The Speaker of the House of Rep-
resentatives, the minority leader of the House 
of Representatives, the President pro tempore 
of the Senate, and the minority leader of the 
Senate shall each appoint 1 member from 
among the House of Representatives and the 
Senate. 
(B) The Attorney General, the Chair of the 
Federal Trade Commission, and the Chair of 
the Federal Reserve Board shall each appoint 1 
member. 
(C) The Council of Economic Advisers 
shall appoint by majority vote— 
(i) 1 member with expertise in labor 
organization; 
(ii) 1 member with expertise in labor 
policy; 
(iii) 1 member who is an executive of 
a business with fewer than 500 employees; 
(iv) 1 member who is an executive of 
a business with greater than 5,000 employ-
ees; 
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(v) 1 member from a consumer advo-
cacy nongovernmental organization; 
(vi) 1 member with expertise in indus-
trial organization; 
(vii) 1 member with expertise in fi-
nance; and 
(viii) 1 member with expertise in in-
vestment. 
(2) TERMS OF OFFICE.—A member appointed 
under— 
(A) paragraph (1)(A) may serve so long as 
such member remains a Member of the House 
of Representatives or the Senate, unless re-
moved by the relevant appointing authority; 
(B) paragraph (1)(B) may serve for the 
life of the Commission, unless removed by the 
relevant appointing authority; and 
(C) paragraph (1)(C) may serve for the life 
of the Commission, unless removed by a major-
ity vote of the Council of Economic Advisors. 
(3) CHAIR AND VICE CHAIR.—The chair and 
vice chair of the Commission shall be elected by a 
majority vote of the members of the Commission. 
(4) VACANCY.—A vacancy in the Commission 
shall not affect the power of the remaining members 
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to execute the functions of the Commission and shall 
be filled in the same manner as the original appoint-
ment is made. 
(5) COMPENSATION.— 
(A) NONGOVERNMENT MEMBERS.—Except 
as provided in subparagraph (C), members of 
the Commission shall be entitled to a sum 
equivalent to the compensation paid at level V 
of the Executive Schedule under section 5315 
of title 5, United States Code. 
(B) TRAVEL AND PER DIEM.—While away 
from their homes or regular places of business 
in the performance of services for the Commis-
sion, members of the Commission shall be al-
lowed travel expenses, including per diem in lieu 
of subsistence, in the same manner as the ex-
penses authorized by section 5703 of title 5, 
United States Code, for persons in the Govern-
ment service employed intermittently. 
(C) PROHIBITION
OF
COMPENSATION
OF 
FEDERAL OFFICERS OR EMPLOYEES.—Members 
of the Commission who are full-time officers or 
employees of the United States or Members of 
Congress may not receive additional pay, allow-
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