Open App Markets Act

The Open App Markets Act aims to curb “gatekeeper” power in the app economy by targeting large app stores and the operating systems they run on. A “covered company” (a firm that owns an app store with US monthly users over 50 million and the OS it runs on) would have to allow competition: developers could use alternative in-app payment systems or alternative app stores, and users could choose third-party apps and stores more easily. The bill forbids exclusivity and anti-competitive practices, requires interoperability and access to OS interfaces for developers, and restricts how a platform can use nonpublic business information to compete. It also creates strong enforcement options, including federal and state actions and private lawsuits with treble damages for developers injured by violations. Privacy and security protections are carved out to allow actions necessary to protect users, so long as they are justified and narrowly tailored. The act would take effect 180 days after enactment, with a 3-year post-enactment review by multiple federal bodies.