Sec. 2. Definitions
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/bill/118/s/2033/is/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this Act: The terms antitrust laws and person have the meanings given the terms in subsection
(a)of the first section of the Clayton Act ( 15 U.S.C. 12 ). The term business user — means a person that uses or is likely to use a covered platform for the advertising, sale, or provision of products or services, including such persons that are operating a covered platform or are controlled by a covered platform operator; and does not include a person that— is a clear national security risk; or is organized under the laws of or controlled by the Government of the People's Republic of China or the government of a foreign adversary. The term Commission means the Federal Trade Commission. The term control means, with respect to a person— holding 25 percent or more of the stock of the person; having the right to 25 percent or more of the profits of the person; in the event of the dissolution of the person, having the right to 25 percent or more of the assets of the person; if the person is a corporation, having the power to designate 25 percent or more of the directors of the person; if the person is a trust, having the power to designate 25 percent or more of the trustees; or otherwise exercising substantial control over the person. The term covered platform means an online platform that— has been designated as a covered platform under section 3(d); or is owned or controlled by a person that— at any point during the 12 months preceding a designation under section 3(d) or the 12 months preceding the filing of a complaint for an alleged violation of this Act has at least— 50,000,000 United States-based monthly active users on the online platform; or 100,000 United States-based monthly active business users on the online platform; during— the 2 years preceding a designation under section 3(d), or the 2 years preceding the filing of a complaint for an alleged violation of this Act— at any point, is owned or controlled by a person with United States net annual sales of greater than $550,000,000,000, adjusted for inflation on the basis of the Consumer Price Index; or during any 180-day period during the 2-year period, has an average market capitalization greater than $550,000,000,000, adjusted for inflation on the basis of the Consumer Price Index; or the 12 months preceding a designation under section 3(d), or at any point during the 12 months preceding the filing of a complaint for an alleged violation of this Act, has at least 1,000,000,000 worldwide monthly active users on the online platform; and is a critical trading partner for the sale or provision of any product or service offered on or directly related to the online platform. The term critical trading partner means a person that has the ability to restrict or materially impede the access of— a business user to the users or customers of the business user; or a business user to a tool or service that the business user needs to effectively serve the users or customers of the business user. The term data includes information that is collected by or provided to a covered platform or business user that is linked, or reasonably linkable, to a specific— user or customer of the covered platform; or user or customer of a business user. The term foreign adversary has the meaning given the term in section 8(c) of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1607(c) ). The term online platform — means a website, online or mobile application, operating system, digital assistant, or online service that enables— a user to generate or share content that can be viewed by other users on the platform or to interact with other content on the platform; the offering, advertising, sale, purchase, or shipping of products or services, including software applications, between and among consumers or businesses not controlled by the platform operator; or user searches or queries that access or display a volume of information; and does not include a service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service. The term State means a State, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. Not later than 180 days after the date of enactment of this Act, the Commission, with the concurrence of the Department of Justice, shall promulgate regulations in accordance with section 553 of title 5, United States Code, to define the term data for the purpose of implementing and enforcing this Act.
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