Open App Markets Act
Analysis under review: This bill has generated analysis that may be too generic or incomplete. Clause-level evidence remains available below.
Summary
What This Bill Does
The bill establishes key definitions for the Act, including "covered company" (app store operators with 50M+ monthly US users who also control the operating system), "app store", "developer", "in-app payment system", prohibits covered companies from requiring developers to use their in-app payment systems, from requiring pricing parity, from retaliating against developers who use alternative payment or distribution methods, and creates affirmative defenses for covered companies allowing them to take actions that would otherwise violate Section 3 if necessary for user privacy/security, preventing fraud/spam, protecting IP rights, or complying. It relies on compliance mandates, exemptions, liability protections, and definition changes. The main policy areas are Technology and Finance.
Who Benefits and How
Mobile device consumers could see lower costs, Third-party app developers (e.g., Epic Games, Spotify) could see lower costs, and Alternative app store operators could face fewer barriers.
Who Bears the Burden and How
Apple Inc. and Alphabet Inc. (covered companies) could face increased risk, Apple Inc. (iOS App Store) could lose revenue opportunities, and Apple Inc. (iOS App Store and iOS operating system) would take on compliance duties.
Key Provisions
- Establishes key definitions for the Act, including "covered company" (app store operators with 50M+ monthly US users who also control the operating system), "app store", "developer", "in-app payment system"...
- Prohibits covered companies from requiring developers to use their in-app payment systems, from requiring pricing parity, from retaliating against developers who use alternative payment or distribution methods...
- Creates affirmative defenses for covered companies allowing them to take actions that would otherwise violate Section 3 if necessary for user privacy/security, preventing fraud/spam, protecting IP rights, or complying...
- Requires grants enforcement authority to FTC, DOJ, and State AGs using antitrust law powers.
- Requires FTC, GAO, and DOJ Antitrust Division to separately review and analyze the impact of this Act on competition, innovation, barriers to entry, and market concentration within 3 years of enactment.
Evidence Chain:
This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers with clause-level evidence links.
At a Glance
What This Bill Does
The bill establishes key definitions for the Act, including "covered company" (app store operators with 50M+ monthly US users who also control the operating system), "app store", "developer", "in-app payment system", prohibits covered companies from requiring developers to use their in-app payment systems, from requiring pricing parity, from retaliating against developers who use alternative payment or distribution methods, and creates affirmative defenses for covered companies allowing them to take actions that would otherwise violate Section 3 if necessary for user privacy/security, preventing fraud/spam, protecting IP rights, or complying.
Key Policy Areas
Technology, Finance
Primary Purpose
The bill establishes key definitions for the Act, including "covered company" (app store operators with 50M+ monthly US users who also control the operating system), "app store", "developer", "in-app payment system", prohibits covered companies from requiring developers to use their in-app payment systems, from requiring pricing parity, from retaliating against developers who use alternative payment or distribution methods, and creates affirmative defenses for covered companies allowing them to take actions that would otherwise violate Section 3 if necessary for user privacy/security, preventing fraud/spam, protecting IP rights, or complying.
Policy Domains
Open App Markets Act
Identified Gains
- Mobile device consumers
- Third-party app developers (e.g., Epic Games, Spotify)
- Alternative app store operators
- Alternative payment processors (e.g., Stripe, PayPal)
- Third-party app developers
Identified Costs
- Apple Inc. and Alphabet Inc. (covered companies)
- Apple Inc. (iOS App Store)
- Apple Inc. (iOS App Store and iOS operating system)
- Alphabet Inc. (Google Play Store)
- Alphabet Inc. (Google Play Store and Android operating system)
Sponsors
Legislative Progress
In CommitteeMrs. Blackburn (for herself, Mr. Blumenthal, Mr. Lee, Ms. Klobuchar, …
Read twice and referred to the Committee on the Judiciary.
Introduced in Senate
Stakeholder Effects
cui bono?How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.
Alphabet Inc. (Google Play Store and Android operating system), Alphabet Inc. (Google Play Store), Alternative app store operators
Apple Inc. and Alphabet Inc. (covered companies) faces effects in multiple directions
Positive-direction: Alternative app store operators, Intellectual property holders, Third-party app developers, Third-party app developers (e.g., Epic Games, Spotify)
Negative-direction: Alphabet Inc. (Google Play Store and Android operating system), Alphabet Inc. (Google Play Store), Apple Inc. (iOS App Store and iOS operating system), Apple Inc. (iOS App Store), Chinese technology companies (e.g., TikTok, Huawei)
DOJ Antitrust Division, Federal Trade Commission, Government Accountability Office
Alternative payment processors (e.g., Stripe, PayPal)
Bill Structure & Actor Mappings
Who is "The Secretary" in each section?
- "ftc"
- → Federal Trade Commission
- "state_ag"
- → State Attorneys General
- "attorney_general"
- → U.S. Attorney General
Key Definitions
Terms defined in this bill
A publicly available website, software application, or other electronic service that distributes apps from third-party developers to users
Any person that owns or controls an app store with over 50,000,000 US monthly users AND the operating system on which that app store operates
An application, service, or user interface to manage billing or process payments from users of an app
Nonpublic data derived from a developer or app, including user interactions, collected by a covered company in the course of operating an app store
We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.
Learn more about our methodology