I 
117TH CONGRESS 
1ST SESSION H. R. 3816 
To provide that certain discriminatory conduct by covered platforms shall 
be unlawful, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 11, 2021 
Mr. CICILLINE (for himself, Mr. GOODEN of Texas, Mr. NADLER, and Mr. 
BUCK) introduced the following bill; which was referred to the Committee 
on the Judiciary 
A BILL 
To provide that certain discriminatory conduct by covered 
platforms shall be unlawful, 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 ‘‘American Choice and 
Innovation Online Act’’. 
SEC. 2. UNLAWFUL DISCRIMINATORY CONDUCT. 
(a) VIOLATION.—It shall be unlawful for a person op-
erating a covered platform, in or affecting commerce, to 
engage in any conduct in connection with the operation 
of the covered platform that— 
VerDate Sep 11 2014 
03:23 Jun 12, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3816.IH
H3816
pbinns on DSKJLVW7X2PROD with BILLS
(1) advantages the covered platform operator’s 
own products, services, or lines of business over 
those of another business user; 
(2) excludes or disadvantages the products, 
services, or lines of business of another business user 
relative to the covered platform operator’s own prod-
ucts, services, or lines of business; or 
(3) discriminates among similarly situated busi-
ness users. 
(b) OTHER DISCRIMINATORY CONDUCT.—It shall be 
unlawful for a person operating a covered platform, in or 
affecting commerce, to— 
(1) restrict or impede the capacity of a business 
user to access or interoperate with the same plat-
form, operating system, hardware and software fea-
tures that are available to the covered platform oper-
ator’s own products, services, or lines of business; 
(2) condition access to the covered platform or 
preferred status or placement on the covered plat-
form on the purchase or use of other products or 
services offered by the covered platform operator; 
(3) use non-public data obtained from or gen-
erated 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 serv-
VerDate Sep 11 2014 
03:23 Jun 12, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3816.IH
H3816
pbinns on DSKJLVW7X2PROD with BILLS
ices to offer or support the offering of the covered 
platform operator’s own products or services; 
(4) restrict or impede a business user from ac-
cessing data generated on the platform by the activi-
ties of the business user or its customers through an 
interaction with the business user’s products or serv-
ices, such as contractual or technical restrictions 
that prevent the portability of such data by the busi-
ness user to other systems or applications; 
(5) restrict or impede covered platform users 
from un-installing software applications that have 
been preinstalled on the covered platform or chang-
ing default settings that direct or steer covered plat-
form users to products or services offered by the 
covered platform operator; 
(6) restrict or impede businesses users from 
communicating information or providing hyperlinks 
on the covered platform to covered platform users to 
facilitate business transactions; 
(7) in connection with any user interfaces, in-
cluding search or ranking functionality offered by 
the covered platform, treat the covered platform op-
erator’s own products, services, or lines of business 
more favorably than those of another business user; 
VerDate Sep 11 2014 
03:23 Jun 12, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3816.IH
H3816
pbinns on DSKJLVW7X2PROD with BILLS
(8) interfere or restrict a business user’s pricing 
of its goods or services; 
(9) restrict or impede a business user, or a 
business user’s customers or users, from interoper-
ating or connecting to any product or service; and 
(10) retaliate against any business user or cov-
ered platform user that raises concerns with any law 
enforcement authority about actual or potential vio-
lations of State or Federal law. 
(c) AFFIRMATIVE DEFENSE.— 
(1) IN GENERAL.—Subsection (a) and (b) shall 
not apply if the defendant establishes by clear and 
convincing evidence that the conduct described in 
subsections (a) or (b)— 
(A) would not result in harm to the com-
petitive process by restricting or impeding le-
gitimate activity by business users; or 
(B) was narrowly tailored, could not be 
achieved through a less discriminatory means, 
was nonpretextual, and was necessary to— 
(i) prevent a violation of, or comply 
with, Federal or State law; or 
(ii) protect user privacy or other non- 
public data. 
VerDate Sep 11 2014 
03:23 Jun 12, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3816.IH
H3816
pbinns on DSKJLVW7X2PROD with BILLS
(2) 
AVAILABILITY
OF
AFFIRMATIVE
DE-
FENSE.—Notwithstanding any other provision of 
law, whether user conduct would constitute a viola-
tion of section 1030 of title 18, United States Code, 
is not dispositive of whether the defendant has es-
tablished the affirmative defense under this section. 
(d) COVERED PLATFORM DESIGNATION.—The Fed-
eral Trade Commission or Department of Justice shall 
designate a covered platform for the purpose of imple-
menting and enforcing this Act. Such designation shall— 
(1) be based on a finding that the criteria set 
forth in subsection (f)(4)(i)–(iii) are met; 
(2) be issued in writing and published in the 
Federal Register; and 
(3) will apply for ten years from its issuance re-
gardless of whether there is a change in control or 
ownership over the covered platform unless the Com-
mission or the Department of Justice removes the 
designation pursuant to subsection (f). 
(e) REMOVAL
OF COVERED PLATFORM DESIGNA-
TION.—The Commission or the Department of Justice 
shall— 
(1) consider whether its designation of a cov-
ered platform pursuant to subsection (d) should be 
removed prior to the expiration of the ten-year pe-
VerDate Sep 11 2014 
03:23 Jun 12, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3816.IH
H3816
pbinns on DSKJLVW7X2PROD with BILLS
riod 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; and 
(2) determine whether to grant a request sub-
mitted under paragraph 1 not later than 120 days 
after the date of the filing of such request. 
(f) REMEDIES.— 
(1) CIVIL PENALTY.—Any covered platform op-
erator 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, in an amount not more than the 
greater of— 
(A) 15 percent of the total United States 
revenue of the person for the previous calendar 
year; or 
(B) 30 percent of the United States rev-
enue of the person in any line of business af-
fected or targeted by the unlawful conduct dur-
ing the period of the unlawful conduct. This 
civil penalty may be recovered in a civil action 
brought by the United States or the Commis-
sion. 
VerDate Sep 11 2014 
03:23 Jun 12, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3816.IH
H3816
pbinns on DSKJLVW7X2PROD with BILLS
(2) REMEDIES
IN
ADDITION.—Remedies pro-
vided in this subsection are in addition to, and not 
in lieu of, any other remedy available under Federal 
or State law. 
(A) 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 violation 
that gives rise to the suit, restitution for losses, 
rescission or reformation of contracts, refund of 
money, or return of property. 
(B) DISGORGEMENT.—The Assistant At-
torney General of the Antitrust Division or the 
Commission 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. 
(C) INJUNCTIONS.—The Assistant Attor-
ney General of the Antitrust Division or the 
Commission may seek, and the court may 
order, relief in equity as necessary to prevent, 
restrain, or prohibit violations of this Act. 
(D) CONFLICT OF INTEREST.— 
VerDate Sep 11 2014 
03:23 Jun 12, 2021
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3816.IH
H3816
pbinns on DSKJLVW7X2PROD with BILLS
(i) If the fact finder determines that 
a violation of this Act arises from a con-
flict of interest related to the covered plat-
form’s concurrent operation of multiple 
lines of business, the court shall consider 
requiring divestiture of the line or lines of 
business that give rise to such conflict. 
(ii) For purposes of this section, the 
term ‘‘conflict of interest’’ includes the 
conflict of interest that arises when— 
(I) a covered platform operator 
owns or controls a line of business, 
other than the covered platform; and 
(II) the covered platform’s own-
ership or control of that line of busi-
ness creates the incentive and ability 
for the covered platform to— 
(aa) advantage the covered 
platform operator’s own prod-
ucts, services, or lines of business 
on the covered platform over 
those of a competing business or 
a business that constitutes nas-
cent or potential competition to 
the covered platform operator; or 
VerDate Sep 11 2014 
03:23 Jun 12, 2021
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3816.IH
H3816
pbinns on DSKJLVW7X2PROD with BILLS
(bb) exclude from, or dis-
advantage, the products, services, 
or lines of business on the cov-
ered platform of a competing 
business or a business that con-
stitutes nascent or potential com-
petition to the covered platform 
operator. 
(3) REPEAT
OFFENDERS.—If the fact finder 
determines that a covered platform has engaged in 
a pattern or practice of violating this Act, the court 
shall consider requiring that the Chief Executive Of-
ficer forfeit to the United States Treasury any com-
pensation received by that person during the 12 
months preceding or following the filing of a com-
plaint for an alleged violation of this Act. 
(g) DEFINITIONS.—In this section: 
(1) ANTITRUST
LAWS.—The term ‘‘antitrust 
laws’’ has the meaning given the term in subsection 
(a) of section 1 of the Clayton Act (15 U.S.C. 12). 
(2) BUSINESS
USER.—The term ‘‘Business 
User’’ means a person that utilizes or plans to uti-
lize the covered platform for the sale or provision of 
products or services. 
VerDate Sep 11 2014 
03:23 Jun 12, 2021
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3816.IH
H3816
pbinns on DSKJLVW7X2PROD with BILLS
(3) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(4) COVERED PLATFORM.—The term ‘‘covered 
platform’’ means an online platform— 
(A) that has been designated as a ‘‘covered 
platform’’ under section 2(d); or 
(B) that— 
(i) at the time of the Commission’s or 
the Department of Justice’s designation 
under section 2(d), or any of the twelve 
months preceding that time, or in any of 
the 12 months preceding the filing of a 
complaint for an alleged violation of this 
Act— 
(I) has at least 50,000,000 
United States-based monthly active 
users on the online platform; or 
(II) has at least 100,000 United 
States-based monthly active business 
users on the platform; 
(ii) is owned or controlled by a person 
with net annual sales, or a market capital-
ization greater than $600,000,000,000, ad-
justed for inflation on the basis of the 
Consumer Price Index, at the time of the 
VerDate Sep 11 2014 
03:23 Jun 12, 2021
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3816.IH
H3816
pbinns on DSKJLVW7X2PROD with BILLS
Commission’s or the Department of Jus-
tice’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; and 
(iii) is a critical trading partner for 
the sale or provision of any product or 
service offered on or directly related to the 
online platform. 
(5) 
COVERED
PLATFORM
OPERATOR.—The 
term ‘‘covered platform operator’’ means a person 
that owns or controls a covered platform. 
(6) CRITICAL
TRADING
PARTNER.—The term 
‘‘critical trading partner’’ means a trading partner 
that has the ability to restrict or impede— 
(A) the access of a business user to its 
users or customers; or 
(B) the access of a business user to a tool 
or service that it needs to effectively serve its 
users or customers. 
(7) PERSON.—The term ‘‘person’’ has the 
meaning given the term in subsection (a) of section 
1 of the Clayton Act (15 U.S.C. 12). 
(8) DATA.— 
VerDate Sep 11 2014 
03:23 Jun 12, 2021
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3816.IH
H3816
pbinns on DSKJLVW7X2PROD with BILLS
(A) IN
GENERAL.—Not later than six 
months after the date of enactment of this Act, 
the Commission shall adopt rules in accordance 
with section 553 of title 5, United States Code, 
to define the term ‘‘data’’ for the purpose of 
implementing and enforcing this Act. 
(B) DATA.—The term ‘‘data’’ shall include 
information that is collected by or provided to 
a covered platform or competing business or a 
potential competing business that is linked, or 
reasonably linkable, to a specific user or cus-
tomer of the covered platform or a competing 
business or a potential competing business. 
(9) BUSINESS
USER.—The term ‘‘business 
user’’ means a person that utilizes or plans to utilize 
the covered platform for the sale or provision of 
products or services. 
(10) ONLINE
PLATFORM.—The term ‘‘online 
platform’’ means a website, online or mobile applica-
tion, operating system, digital assistant, or online 
service that— 
(A) enables a user to generate content that 
can be viewed by other users on the platform or 
to interact with other content on the platform; 
VerDate Sep 11 2014 
03:23 Jun 12, 2021
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H3816.IH
H3816
pbinns on DSKJLVW7X2PROD with BILLS
(B) facilitates the offering, sale, purchase, 
payment, or shipping of goods or services, in-
cluding software applications, between and 
among consumers or businesses not controlled 
by the platform; or 
(C) enables user searches or queries that 
access or display a large volume of information. 
(11) CONTROL.—The term ‘‘control’’ with re-
spect to a person means— 
(A) holding 25 percent or more of the 
stock of the person; 
(B) having the right to 25 percent or more 
of the profits of the person; 
(C) having the right to 25 percent or more 
of the assets of the person, in the event of the 
person’s dissolution; 
(D) if the person is a corporation, having 
the power to designate 25 percent or more of 
the directors of the person; 
(E) if the person is a trust, having the 
power to designate 25 percent or more of the 
trustees; or 
(F) otherwise exercises substantial control 
over the person. 
(h) ENFORCEMENT.— 
VerDate Sep 11 2014 
03:23 Jun 12, 2021
Jkt 019200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H3816.IH
H3816
pbinns on DSKJLVW7X2PROD with BILLS
(1) IN GENERAL.—.The Commission, Depart-
ment 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.), 
as appropriate, were incorporated into and made a 
part of this Act. 
(2) UNFAIR
METHODS
OF
COMPETITION.—A 
violation of this Act shall also constitute an unfair 
method of competition under section 5 of the Fed-
eral Trade Commission Act (15 U.S.C. 5). 
(3) COMMISSION INDEPENDENT LITIGATION AU-
THORITY.—If the Commission has reason to believe 
that a covered platform violated this Act, the Com-
mission 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. 
(4) PARENS PATRIAE.—Any attorney general of 
a State may bring a civil action in the name of such 
State for a violation of this Act as parens patriae on 
VerDate Sep 11 2014 
03:23 Jun 12, 2021
Jkt 019200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H3816.IH
H3816
pbinns on DSKJLVW7X2PROD with BILLS
behalf of natural persons residing in such State, in 
any district court of the United States having juris-
diction of the defendant, and may secure any form 
of relief provided for in this section. 
(i) EMERGENCY RELIEF.— 
(1) The Commission, Assistant Attorney Gen-
eral of the Antitrust Division, or any attorney gen-
eral of a State may seek a temporary injunction re-
quiring the covered platform operator to take or stop 
taking any action for not more than 120 days and 
the court shall grant such relief if the Commission, 
the United States, or the attorney general of a State 
proves— 
(A) there is a plausible claim that a cov-
ered platform operator took an action that vio-
lates this Act; and 
(B) that action impairs the ability of at 
least one company to compete with the covered 
platform. 
(2) The emergency relief shall not last more 
than 120 days from the filing of the complaint. 
(3) The court shall terminate the emergency re-
lief at any time that the covered platform operator 
proves that the Commission, the United States, or 
the attorney general of the State seeking relief 
VerDate Sep 11 2014 
03:23 Jun 12, 2021
Jkt 019200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H3816.IH
H3816
pbinns on DSKJLVW7X2PROD with BILLS
under this section has not taken reasonable steps to 
investigate whether a violation has occurred. 
(4) Nothing in this subsection prevents or limits 
the Commission, the United States, or any attorney 
general of any State from seeking other equitable re-
lief as provided in subsection (h) of this section. 
(j) STATUTE OF LIMITATIONS.—A proceeding for a 
violation of this section may be commenced not later than 
6 years after such violation occurs. 
SEC. 3. JUDICIAL REVIEW. 
(a) IN GENERAL.—Any party that is subject to a cov-
ered platform designation under section 2(d) of this Act, 
a final order issued in any district court, or a final order 
of the Commission issued in an administrative adjudica-
tive proceeding may within 30 days of the issuance of such 
order, petition for review of such order in the United 
States Court of Appeals for the District of Columbia Cir-
cuit. 
(b) TREATMENT OF FINDINGS.—In a proceeding for 
judicial review of a covered platform designation under to 
section 2(d) of this Act or a final order of the Commission, 
the findings of the Commission or the Assistant Attorney 
General as to the facts, if supported by evidence, shall be 
conclusive. 
VerDate Sep 11 2014 
03:23 Jun 12, 2021
Jkt 019200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H3816.IH
H3816
pbinns on DSKJLVW7X2PROD with BILLS
SEC. 4. BUREAU OF DIGITAL MARKETS. 
(a) ESTABLISHMENT OF BUREAU.—As soon as prac-
ticable, but not later than 180 days after the date of en-
actment of this Act, the Federal Trade Commission shall 
establish within the Commission a bureau of digital mar-
kets for purposes of enforcement of this Act. 
(b) LEADERSHIP.—The head of the Bureau of Digital 
Markets shall be the Director of the Bureau of Digital 
Markets, who shall— 
(1) report directly to the Chair of the Federal 
Trade Commission; and 
(2) be appointed by the Chair of the Federal 
Trade Commission. 
(c) BUREAU STAFF.—The Bureau of Digital Markets 
shall retain or employ legal, technology, economic, re-
search, and service staff sufficient to carry out the func-
tions, powers, and duties of the Bureau. 
(d) REPORTING REQUIREMENT.—Not later than 1 
year after the date of enactment of this Act, the Bureau 
of Digital Markets shall on an annual basis publish and 
submit a report to the Committee on the Judiciary of the 
House of Representatives and the Committee on the Judi-
ciary of the Senate describing the Bureau’s enforcement 
activities during the previous 12-month period. 
VerDate Sep 11 2014 
03:23 Jun 12, 2021
Jkt 019200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H3816.IH
H3816
pbinns on DSKJLVW7X2PROD with BILLS
SEC. 5. ENFORCEMENT GUIDELINES. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Commission and the 
Assistant Attorney General of the Antitrust Division shall 
jointly issue guidelines outlining policies and practices, re-
lating to agency enforcement of this Act, with the goal 
of promoting transparency and deterring violations. 
(b) UPDATES.—The Commission and the Assistant 
Attorney General of the Antitrust Division shall update 
the joint guidelines issued under subsection (a), as needed 
to reflect current agency policies and practices, but not 
less frequently than once every 4 years beginning on the 
date of enactment of this Act. 
(c) OPERATION.—The Joint Guidelines issued under 
this section do not confer any rights upon any person, 
State, or locality, nor shall operate to bind the Commis-
sion, Department of Justice, or any person, State, or local-
ity to the approach recommended in such Guidelines. 
SEC. 6. SUITS BY PERSONS INJURED. 
(a) 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 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, 
VerDate Sep 11 2014 
03:23 Jun 12, 2021
Jkt 019200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H3816.IH
H3816
pbinns on DSKJLVW7X2PROD with BILLS
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 and ending on the date of judg-
ment, 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— 
(1) whether such person or the opposing party, 
or either party’s representative, made motions or as-
serted claims or defenses so lacking in merit as to 
show that such party or representative acted inten-
tionally for delay, or otherwise acted in bad faith; 
(2) whether, in the course of the action in-
volved, such person or the opposing party, or either 
party’s representative, violated any applicable rule, 
statute, or court order providing for sanctions for 
dilatory behavior or otherwise providing for expedi-
tious proceedings; and 
(3) whether such person or the opposing party, 
or either party’s representative, engaged in conduct 
VerDate Sep 11 2014 
03:23 Jun 12, 2021
Jkt 019200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H3816.IH
H3816
pbinns on DSKJLVW7X2PROD with BILLS
primarily for the purpose of delaying the litigation 
or increasing the cost thereof. 
(b) AMOUNT OF DAMAGES PAYABLE TO FOREIGN 
STATES
AND
INSTRUMENTALITIES
OF
FOREIGN 
STATES.— 
(1) Except as provided in paragraph (2), any 
person who is a foreign state may not recover under 
subsection (a) an amount in excess of the actual 
damages sustained by it and the cost of suit, includ-
ing a reasonable attorney’s fee. 
(2) Paragraph (1) shall not apply to a foreign 
state if— 
(A) such foreign state would be denied, 
under section 1605(a)(2) of title 28, immunity 
in a case in which the action is based upon a 
commercial activity, or an act, that is the sub-
ject matter of its claim under this section; 
(B) such foreign state waives all defenses 
based upon or arising out of its status as a for-
eign state, to any claims brought against it in 
the same action; 
(C) such foreign state engages primarily in 
commercial activities; and 
(D) such foreign state does not function, 
with respect to the commercial activity, or the 
VerDate Sep 11 2014 
03:23 Jun 12, 2021
Jkt 019200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H3816.IH
H3816
pbinns on DSKJLVW7X2PROD with BILLS
act, that is the subject matter of its claim 
under this section as a procurement entity for 
itself or for another foreign state. 
(c) INJUNCTIVE RELIEF.—Any person, firm, corpora-
tion, or association 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 dam-
age is immediate, a preliminary injunction may issue: Pro-
vided, That nothing herein contained shall be construed 
to entitle any person, firm, corporation, or association, ex-
cept 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. 
VerDate Sep 11 2014 
03:23 Jun 12, 2021
Jkt 019200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H3816.IH
H3816
pbinns on DSKJLVW7X2PROD with BILLS
SEC. 7. RULE OF CONSTRUCTION. 
Nothing in this Act shall be construed to limit any 
authority of the Attorney General or the Federal Trade 
Commission under the antitrust laws, the Federal Trade 
Commission Act (15 U.S.C. 45), or any other provision 
of law or to limit the application of any law. 
SEC. 8. SEVERABILITY. 
If any provision of this Act, an amendment made by 
this Act, or the application of such provision or amend-
ment to any person or circumstance is held to be unconsti-
tutional, the remainder of this Act and of the amendments 
made by this Act, and the application of the remaining 
provisions of this Act and amendments to any person or 
circumstance shall not be affected. 
Æ 
VerDate Sep 11 2014 
03:23 Jun 12, 2021
Jkt 019200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6301
E:\BILLS\H3816.IH
H3816
pbinns on DSKJLVW7X2PROD with BILLS