What does Preamble of American Innovation and Choice Online Act do?

This bill, formally titled 'To provide that certain discriminatory conduct by covered platforms shall be unlawful, and for other purposes,' aims to establish unlawful status for certain discriminatory conduct by covered platforms.

What does SHORT TITLE. of American Innovation and Choice Online Act do?

This bill is formally titled the American Innovation and Choice Online Act.

What does DEFINITIONS. of American Innovation and Choice Online Act do?

This section defines key terms used throughout the Act. “Antitrust laws” and “person” are defined according to the Clayton Act. “Average annual gross revenues” refers to the average of total gross revenues or net sales for a person and its controlled entities over the two most recent fiscal years. A “business user” is defined as a person using a systemically important platform for advertising, selling, or accessing users, excluding those posing a national security risk or controlled by foreign adversaries. The “Commission” is defined as the Federal Trade Commission. “Control” is defined based on stock ownership, profit rights, asset rights upon dissolution, director designation power, trustee designation power, or substantial control. “Data” means information linked or reasonably linkable to a user or customer of a systemically important platform or business user. “Foreign adversary” is defined by the Secure and Trusted Communications Networks Act of 2019. “Materially harms competition” means any actual or reasonable risk of lessening competition that is more than a de minimis amount. “Monthly active user” is defined as a unique person in the United States who interacts with an online platform during a calendar month. An “online platform” is defined as a website, application, or service enabling content sharing, facilitating transactions, or enabling user searches. A “publicly traded company” is defined as a company with registered shares under the Securities Exchange Act of 1934. “Systemically important platform” is defined as an online platform controlled by a person with average annual gross revenues of at least $175 billion and having a significant number of monthly active users or subscriber households. The Commission must promulgate regulations defining “data” within 180 days of the Act’s enactment. The revenue threshold for a systemically important platform will be adjusted annually based on changes in gross national product.

What does UNLAWFUL CONDUCT. of American Innovation and Choice Online Act do?

This section outlines unlawful conduct for systemically important platforms operating in or affecting commerce. It prohibits platforms from preferring their own products over others, limiting competitors' ability to compete, or applying terms of service in a discriminatory manner. Platforms are also restricted from limiting access to platform features for competitors and conditioning access on the purchase of other products. The section prohibits using nonpublic data obtained from business users to benefit the platform operator's competing products and restricts business users' access to their own data. Platforms cannot restrict users from changing default settings that direct them to the platform operator's products. The law prohibits favoring the platform operator's products in search results or rankings unless based on neutral and fair standards. Retaliation against users or business users who raise concerns about potential violations is also prohibited. An affirmative defense exists if the conduct complies with law, protects safety/privacy/security, or prevents fraud, provided it's consistently applied, narrowly tailored, and achieved through less anticompetitive means. Another affirmative defense exists if the conduct has not materially harmed competition. The Federal Trade Commission and the Attorney General have enforcement authority, and State attorneys general can bring civil actions. The courts may impose civil penalties and injunctive relief for violations.

What does EXPEDITED ANTITRUST PROCEEDINGS FOR SYSTEMICALLY IMPORTANT of American Innovation and Choice Online Act do?

This section establishes expedited procedures for antitrust proceedings against 'systemically important platforms'. The chief judge of the district court must assign these cases for expedited consideration. Actions against these platforms will be prioritized on the docket, except for matters with equal statutory precedence. District courts are directed to issue final judgment within one year of the complaint filing. Appeals from final judgments will be expedited, and the Supreme Court will also expedite appeals if certiorari is granted. Investigative materials obtained by the United States generally do not need to be produced during discovery unless the United States uses the material against the party or the court orders production. Duplicative discovery of referenced materials is prohibited unless good cause is shown. Enforcement of civil investigative demands will also be expedited, with courts aiming to rule within 30 days of the petition filing.

What does RULE OF CONSTRUCTION. of American Innovation and Choice Online Act do?

This section establishes a rule of construction for the Act. The Act does not intend to limit the authority of the Department of Justice or the Commission under antitrust laws, the Federal Trade Commission Act, or any other law. The Act does not intend to limit any right guaranteed by the Constitution of the United States, including under the First Amendment. The Act does not intend to limit the application of any law.

What does SEVERABILITY. of American Innovation and Choice Online Act do?

This section establishes a severability clause for the Act. If a portion of the Act is deemed unconstitutional, the remaining provisions will still be in effect. The application of the Act to any person or circumstance is also subject to this severability provision.

What does EFFECTIVE DATE. of American Innovation and Choice Online Act do?

This Act will become effective one year after its enactment.

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American Innovation and Choice Online Act

Last updated: 6/10/2026 · Introduced: 6/10/2026

Author: Chuck Grassley (R-IA)

TL;DR (AI)

This bill prohibits large online platforms from favoring their own products or services over those of competitors, aiming to promote fair competition.
Systemically important platforms—those with significant revenue and user base—are restricted from using business users’ nonpublic data to benefit their own competing products.
The bill limits platforms’ ability to restrict access to features or condition access on purchasing other products, preventing discriminatory practices against competitors.
It establishes expedited procedures in federal courts for antitrust cases involving systemically important platforms, including faster timelines for judgments and appeals.
The Federal Trade Commission and state attorneys general are granted enforcement authority to address violations, with potential civil penalties and injunctive relief.

119th Congressin committeeOfficial page

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Other Sections

Includes provisions on preamble, short title., and 6 more.

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