![]() The bill would also prohibit covered companies from “punitive action or otherwise impose less favorable terms and conditions against a developer” for listing their apps at different prices, or with different conditions of sale, in different app stores, or using different payment methods. While some Apple and Google users or developers may prefer the current app store arrangement-Apple with more rigid guidelines and Google more flexibility for developers-there would likely be a large change in the Apple app store, making it less controlled through the inclusion of third-party apps, often called “sideloading.” For example, iPhone users could delete the pre-loaded Apple App Store from their device and use third-party app stores like the Google app store instead. ![]() The bill would also allow consumers to download third-party applications or third-party stores and hide or delete apps or app stores that were preinstalled on their devices. Thus, the bill would most significantly impact the Apple and Google app stores, which house approximately 2 million and 3.5 million apps respectively and are the leading players in an industry that saw $133 billion worth of mobile app purchases in 2021. A “covered company” is defined as one with more than 50,000,000 U.S.-based users. ![]() The bill would prevent a “covered company,” and their app stores, from requiring developers to use their in-app payment systems as a condition of distribution in an app store. The bill would effectively allow app developers to circumvent Apple and Google’s current 15-30% charge for purchases made through their app stores. If the Open App Markets Act is enacted, consumers’ experience with pre-installed apps and app stores may fundamentally change. Marco Rubio (R-FL), Cynthia Lummis (R-WY), Cory Booker (D-NJ), Lindsey Graham (R-SC), John Kennedy (R-LA), Mazie Hirono (D-HI), Josh Hawley (R-MO), and Richard Durbin (D-IL), the bill is likely to draw broad support, similar to the American Innovation and Choice Online Act (S.2992) that advanced through the Judiciary Committee on a 16-6 vote on January 20.Ī bipartisan House companion bill ( H.R.5017) to the Open App Markets Act was also introduced in the House of Representatives last August.Ĭurrently, iPhone or Android devices are preinstalled with proprietary app stores-the Apple App Store or the Google Play store, respectively-and several other apps that cannot be removed. With a diverse set of bipartisan cosponsors that also includes Sens. Originally introduced in August 2021 by Senators Richard Blumenthal (D-CT), Marsha Blackburn (R-TN), and Amy Klobuchar (D-MN), the Open App Markets Act is scheduled to be marked up by the Senate Judiciary Committee on February 3rd. ![]() The Open App Markets Act (S.2710) is the second major piece of competition legislation that the Senate Judiciary Committee will consider (and likely approve) in 2022.
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