I 
117TH CONGRESS 
1ST SESSION H. R. 3826 
To promote competition and economic opportunity in digital markets by 
establishing that certain acquisitions by dominant online platforms are 
unlawful. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 11, 2021 
Mr. JEFFRIES (for himself, Mr. BUCK, Mr. CICILLINE, Mr. NADLER, and Mr. 
GOODEN of Texas) introduced the following bill; which was referred to 
the Committee on the Judiciary 
A BILL 
To promote competition and economic opportunity in digital 
markets by establishing that certain acquisitions by dom-
inant online platforms are unlawful. 
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 ‘‘Platform Competition 
and Opportunity Act of 2021’’. 
SEC. 2. UNLAWFUL ACQUISITIONS. 
(a) VIOLATION.—It shall be unlawful for a covered 
platform operator to acquire directly or indirectly— 
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(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; 
(B) is owned or controlled by a person 
with net annual sales, or a market capitaliza-
tion 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 sec-
tion 4(a) 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 
(C) is a critical trading partner for the sale 
or provision of any product or service offered on 
or directly related to the online platform. 
(e) COVERED PLATFORM OPERATOR.—The term 
‘‘covered platform operator’’ means a person that, directly 
or indirectly, owns or controls a covered platform. 
(f) CRITICAL TRADING PARTNER.—The term ‘‘crit-
ical trading partner’’ means an entity that has the ability 
to restrict or impede— 
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(1) the access of a business user to its users or 
customers; or 
(2) the access of a business user to a tool or 
service that needs to effectively serve its users or 
customers. 
(g) 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. 
(h) ONLINE PLATFORM.—The term ‘‘online plat-
form’’ means a website, online or mobile application oper-
ating system, digital assistant, or online service that— 
(1) enables a user to generate content that can 
be viewed by other users on the platform or to inter-
act with other content on the platform; 
(2) facilitates the offering, sale, purchase, pay-
ment, or shipping of goods or services, including 
software applications, between and among con-
sumers or businesses not controlled by the platform; 
or 
(3) enables user searches or queries that access 
or display a large volume of information. 
(i) 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). 
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SEC. 4. IMPLEMENTATION. 
(a) COVERED PLATFORM DESIGNATION.— 
(1) The Federal Trade Commission or Depart-
ment of Justice shall designate whether an entity is 
a covered platform for the purpose of implementing 
and enforcing this Act. Such designation shall— 
(A) be based on a finding that the criteria 
set forth in section 3(d)(2)(A)–(C) are met; 
(B) be issued in writing and published in 
the Federal Register; and 
(C) will apply for 10 years from its 
issuance regardless of whether there is a change 
in control or ownership over the covered plat-
form unless the Commission or the Department 
of Justice removes the designation pursuant to 
subsection (b). 
(b) REMOVAL OF COVERED PLATFORM DESIGNA-
TION.—The Commission and the Department of Justice 
shall— 
(1) consider whether its designation of a cov-
ered platform pursuant to subsection (a) should be 
removed prior to the expiration of the 10-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; 
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(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; and 
(3) obtain the concurrence of the Commission 
or the Department of Justice, as appropriate, before 
granting a request submitted under paragraph (1). 
SEC. 5. ENFORCEMENT. 
(a) ENFORCEMENT PROCEEDING.—The Commission, 
Department of Justice, and any attorney general of a 
State subject to the requirements in subsection (d) 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 Clay-
ton Act (15 U.S.C. 12 et seq.), as appropriate, were incor-
porated into and made a part of this Act. 
(b) UNFAIR METHODS OF COMPETITION.—A viola-
tion of this Act shall also constitute an unfair method of 
competition under section 5 of the Federal Trade Commis-
sion Act (15 U.S.C. 5). 
(c) COMMISSION INDEPENDENT LITIGATION AU-
THORITY.—If the Commission has reason to believe that 
a covered platform 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 
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civil penalty and seek other appropriate relief in a district 
court of the United States against the covered platform 
operator. 
(d) 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 behalf of 
natural persons residing in such State, in any district 
court of the United States having jurisdiction of the de-
fendant, and may secure any form of relief provided for 
in this section. 
SEC. 6. 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, 
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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. 7. 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, 
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 
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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 
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, United 
States Code, immunity in a case in which the 
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action is based upon a commercial activity, or 
an act, that is the subject 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 
act, that is the subject matter of its claim 
under this section as a procurement entity for 
itself or for another foreign state. 
SEC. 8. JUDICIAL REVIEW. 
(a) IN GENERAL.—Any party that is subject to a cov-
ered platform designation pursuant to section 4(a) of this 
Act, a decision in response to a request to remove a cov-
ered platform designation pursuant to section 4(b), a final 
order issued in any district court, or a final order of the 
Commission issued in an administrative adjudicative pro-
ceeding may within 30 days of the issuance of such des-
ignation, decision, or order, petition for review of such des-
ignation or order in the United States Court of Appeals 
for the District of Columbia Circuit. 
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(b) TREATMENT OF FINDINGS.—In a proceeding for 
judicial review of a covered platform designation pursuant 
to section 4(a) of this Act or a final order of the Commis-
sion, the findings of the Commission or the Department 
of Justice as to the facts, if supported by evidence, shall 
be conclusive. 
(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 
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cost of suit, including a reasonable attorney’s fee, to such 
plaintiff. 
SEC. 9. RULES 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. 10. 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 
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