I 
117TH CONGRESS 
1ST SESSION H. R. 5017 
To promote competition and reduce gatekeeper power in the app economy, 
increase choice, improve quality, and reduce costs for consumers. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 13, 2021 
Mr. JOHNSON of Georgia (for himself, Mr. BUCK, and Mr. CICILLINE) intro-
duced the following bill; which was referred to the Committee on Energy 
and Commerce 
A BILL 
To promote competition and reduce gatekeeper power in the 
app economy, increase choice, improve quality, and re-
duce costs for consumers. 
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 ‘‘Open App Markets 
Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) APP.—The term ‘‘App’’ means a software 
application or electronic service that may be run or 
VerDate Sep 11 2014 
22:33 Aug 16, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5017.IH
H5017
lotter on DSK11XQN23PROD with BILLS
directed by a user on a computer, a mobile device, 
or any other general purpose computing device. 
(2) APP STORE.—The term ‘‘App Store’’ means 
a publicly available website, software application, or 
other electronic service that distributes Apps from 
third-party developers to users of a computer, a mo-
bile device, or any other general purpose computing 
device. 
(3) COVERED COMPANY.—The term ‘‘Covered 
Company’’ means any person that owns or controls 
an App Store for which users in the United States 
exceed 50,000,000. 
(4) DEVELOPER.—The term ‘‘developer’’ means 
a person that owns or controls an App or an App 
Store. 
(5) IN-APP PAYMENT SYSTEM.—The term ‘‘In- 
App Payment System’’ means an application, serv-
ice, or user interface to process the payments from 
users of an App. 
(6) NON-PUBLIC
BUSINESS
INFORMATION.— 
The term ‘‘non-public business information’’ means 
non-public data that is— 
(A) derived from a developer or an App or 
App Store owned or controlled by a developer, 
VerDate Sep 11 2014 
02:27 Aug 14, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5017.IH
H5017
lotter on DSK11XQN23PROD with BILLS
including interactions between users and the 
App or App Store of the developer; and 
(B) collected by a Covered Company in the 
course of operating an App Store or providing 
an operating system. 
SEC. 3. PROTECTING A COMPETITIVE APP MARKET. 
(a) EXCLUSIVITY AND TYING.—A Covered Company 
shall not— 
(1) require developers to use an In-App Pay-
ment System owned or controlled by the Covered 
Company or any of its business partners as a condi-
tion of being distributed on an App Store or acces-
sible on an operating system; 
(2) require as a term of distribution on an App 
Store that pricing terms or conditions of sale be 
equal to or more favorable on its App Store than the 
terms or conditions under another App Store; or 
(3) take punitive action or otherwise impose 
less favorable terms and conditions against a devel-
oper for using or offering different pricing terms or 
conditions of sale through another In-App Payment 
System or on another App Store. 
(b) INTERFERENCE WITH LEGITIMATE BUSINESS 
COMMUNICATIONS.—A Covered Company shall not impose 
restrictions on communications of developers with the 
VerDate Sep 11 2014 
02:27 Aug 14, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5017.IH
H5017
lotter on DSK11XQN23PROD with BILLS
users of the App through an App or direct outreach to 
a user concerning legitimate business offers, such as pric-
ing terms and product or service offerings. 
(c) NON-PUBLIC BUSINESS INFORMATION.—A Cov-
ered Company shall not use non-public business informa-
tion derived from a third-party App for the purpose of 
competing with that App. 
(d) INTEROPERABILITY.—A Covered Company that 
controls the operating system or operating system configu-
ration on which its App Store operates shall allow and pro-
vide the readily accessible means for users of that oper-
ating system to— 
(1) choose third-party Apps or App Stores as 
defaults for categories appropriate to the App or 
App Store; 
(2) install third-party Apps or App Stores 
through means other than its App Store; and 
(3) hide or delete Apps or App Stores provided 
or preinstalled by the App Store owner or any of its 
business partners. 
(e) SELF-PREFERENCING IN SEARCH.— 
(1) IN GENERAL.—A Covered Company shall 
not provide unequal treatment of Apps in an App 
Store through unreasonably preferencing or ranking 
VerDate Sep 11 2014 
02:27 Aug 14, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5017.IH
H5017
lotter on DSK11XQN23PROD with BILLS
the Apps of the Covered Company or any of its busi-
ness partners over those of other Apps. 
(2) CONSIDERATIONS.—Unreasonably prefer-
encing— 
(A) includes applying ranking schemes or 
algorithms that prioritize Apps based on a cri-
terion of ownership interest by the Covered 
Company or its business partners; and 
(B) does not include clearly disclosed ad-
vertising. 
(f) OPEN APP DEVELOPMENT.—Access to operating 
system interfaces, development information, and hardware 
and software features shall be provided to developers on 
a timely basis and on terms that are equivalent or func-
tionally equivalent to the terms for access by similar Apps 
or functions provided by the Covered Company or to its 
business partners. 
SEC. 4. PROTECTING THE SECURITY AND PRIVACY OF 
USERS. 
(a) IN GENERAL.—Subject to section (b), a Covered 
Company shall not be in violation of a subsection of sec-
tion 3 for an action that is— 
(1) necessary to achieve user privacy, security, 
or digital safety; 
(2) taken to prevent spam or fraud; or 
VerDate Sep 11 2014 
02:27 Aug 14, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5017.IH
H5017
lotter on DSK11XQN23PROD with BILLS
(3) taken to prevent a violation of, or comply 
with, Federal or State law. 
(b) REQUIREMENTS.—Section (a) shall only apply if 
the Covered Company establishes by clear and convincing 
evidence that the action described is— 
(1) applied on a demonstrably consistent basis 
to Apps of the Covered Company or its business 
partners and to other Apps; 
(2) not used as a pretext to exclude, or impose 
unnecessary or discriminatory terms on, third-party 
Apps, In-App Payment Systems, or App Stores; and 
(3) narrowly tailored and could not be achieved 
through a less discriminatory and technically pos-
sible means. 
SEC. 5. ENFORCEMENT. 
(a) ENFORCEMENT.— 
(1) IN GENERAL.—The Federal Trade Commis-
sion, the Attorney General, 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. 
VerDate Sep 11 2014 
02:27 Aug 14, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5017.IH
H5017
lotter on DSK11XQN23PROD with BILLS
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) 
FEDERAL
TRADE
COMMISSION
INDE-
PENDENT LITIGATION AUTHORITY.—If the Federal 
Trade Commission has reason to believe that a Cov-
ered Company violated this Act, the Federal Trade 
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. 
(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 
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. 
(b) SUITS BY DEVELOPERS INJURED.— 
(1) IN GENERAL.—Any developer who shall be 
injured by reason of anything forbidden in this Act 
VerDate Sep 11 2014 
02:27 Aug 14, 2021
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5017.IH
H5017
lotter on DSK11XQN23PROD with BILLS
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 subsection, pursuant to a motion 
by such developer promptly made, simple interest on 
actual damages for the period beginning on the date 
of service of such developer’s pleading setting forth 
a claim under 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 subsection 
for any period is just in the circumstances, the court 
shall consider only— 
(A) whether such developer or the opposing 
party, or either party’s representative, made 
motions or asserted claims or defenses so lack-
ing in merit as to show that such party or rep-
resentative acted intentionally for delay, or oth-
erwise acted in bad faith; 
(B) whether, in the course of the action in-
volved, such developer or the opposing party, or 
VerDate Sep 11 2014 
02:27 Aug 14, 2021
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5017.IH
H5017
lotter on DSK11XQN23PROD with BILLS
either party’s representative, violated any appli-
cable rule, statute, or court order providing for 
sanctions for dilatory behavior or otherwise pro-
viding for expeditious proceedings; and 
(C) whether such developer 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. 
(2) INJUNCTIVE RELIEF.—Any developer 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 gov-
erning such proceedings, and upon the execution of 
proper bond against damages for an injunction im-
providently granted and a showing that the danger 
of irreparable loss or damage is immediate, a pre-
liminary injunction may issue. In any action under 
this paragraph in which the plaintiff substantially 
prevails, the court shall award the cost of suit, in-
cluding a reasonable attorney’s fee, to such plaintiff. 
VerDate Sep 11 2014 
02:27 Aug 14, 2021
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H5017.IH
H5017
lotter on DSK11XQN23PROD with BILLS
SEC. 6. 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 (as defined in the 
first section of the Clayton Act (15 U.S.C. 12), the Fed-
eral Trade Commission Act (15 U.S.C. 41 et seq.), or any 
other provision of law or to limit the application of any 
law. 
SEC. 7. SEVERABILITY. 
If any provision of this Act, or the application of such 
a provision to any person or circumstance, is held to be 
unconstitutional, the remaining provisions of this Act, and 
the application of the provision held to be unconstitutional 
to any other person or circumstance, shall not be affected 
thereby. 
Æ 
VerDate Sep 11 2014 
02:27 Aug 14, 2021
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6301
E:\BILLS\H5017.IH
H5017
lotter on DSK11XQN23PROD with BILLS