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S. 5007IntroducedSenate · nowHousePresidentLawIn committee
Sec. 3 · S. 5007

Prohibitions on exclusionary conduct

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(a) No preferential treatment or payments A covered platform may not provide payments, incentives, or anything else of value to any entity that displays or provides access to the products or services of the covered platform, including distributors, device makers, or browser developers, for— (1) preferential treatment of a general search engine, AI search, or search access point relative to competitors; (2) making or maintaining any general search engine or AI search as a default within a new or existing search access point; (3) preventing or inhibiting the use of any general search engine or AI search competitor; or (4) pre-installation, placement, or default status of any general search engine, AI search, or search access point. (b) No exclusive agreements A covered platform may not enter into or enforce any existing agreement with a publisher or distributor that— (1) prevents a competitor from accessing data from the publisher or distributor; (2) provides most favored nation status to the covered platform; or (3) includes any provision that would require the publisher or distributor to give the covered platform more favorable terms than those made available to any competitor. (c) No conditional access A covered platform may not condition access to app stores, operating systems, or other products or services on the distribution of its own general search engine, search ads, or other advertising products and services. (d) No revenue sharing tied to exclusivity A covered platform may not pay distributors based on usage, revenue, or other factors that incentivize or incorporate metrics relating to default status for its own general search engine, search access point, or AI search products or services. (e) Prior approval of acquisitions and investments in relevant markets A covered platform shall— (1) obtain prior written approval from the Commission for any acquisition, investment, or joint venture involving a competitor in a general search engine, AI search, or search ads product when such acquisition, investment, or joint venture— (A) is valued in excess of the size-of-transaction threshold under section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2)); or (B) regardless of value, would— (i) confer on the covered platform control of, or the ability to exercise material influence over, a competitor; or (ii) grant the covered platform exclusive or preferential access to a competitor’s computational resources, training data, search index, or distribution, on terms not made available to other competitors; and (2) provide not less than 60 days advance notice to the attorney general of any State or territory where the covered platform offers products or services before closing such acquisition, investment, or joint venture.

Sec. 3: Prohibitions on exclusionary conduct · Public Law Tracker