Sec. 2. Unlawful acquisitions
313 words·~1 min read·
/bill/117/s/3197/is/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
It shall be unlawful for a covered platform operator to acquire directly or indirectly— the whole or any part of the stock or other share capital of another person engaged in commerce or in any activity affecting commerce; or the whole or any part of the assets of another person engaged in commerce or in any activity affecting commerce. An acquisition shall not be unlawful under subsection
(a)if the acquiring covered platform operator demonstrates by clear and convincing evidence that— the acquisition is a transaction that is described in section 7A(c) of the Clayton Act; the acquired stock, other share capital, or assets are valued at less than $50,000,000; or the acquired assets or the issuer of the acquired stock do not— compete with the covered platform or covered platform operator for the sale or provision of any product or service; constitute nascent or potential competition to the covered platform or covered platform operator for the sale or provision of any product or service; enhance or increase the covered platform’s or covered platform operator’s market position with respect to the sale or provision of any product or service offered on or directly related to the covered platform; and enhance or increase the covered platform’s or covered platform operator’s ability to maintain its market position with respect to the sale or provision of any product or service offered on or directly related to the covered platform. For purposes of this Act, competition, nascent competition, or potential competition for the sale or provision of any product or service includes competition for a user’s attention. For purposes of this Act, an acquisition that results in access to additional data may, without more— enhance or increase the market position of a covered platform or covered platform operator; or enhance or increase the ability of a covered platform or covered platform operator to maintain its market position.