#Competition #DigitalMarkets
Apparently, some US politicians don't want Europe to have a monopoly on bad regulation... so "AICOA" is back from the grave.
Sens. Grassley and Klobuchar have introduced a new American Innovation and Choice Online Act (link in the first comments). It is narrower than the original version in whom it targets—but, in important respects, more aggressive in how it regulates them.
As
@geoffmanne has said, “AICOA has always been a solution in search of a problem”.
Why regulate digital markets? Digital markets have always been very competitive. So-called "big tech" firms have expanded output and invested heavily in R D. Consumers have benefited from constant innovation. Even firms with clear leadership in some markets face competition from disruptors or other big tech firms entering adjacent markets. Tech firms explain, at least in part, the productivity gap between the US and Europe... so why imitate European regulation?
Why *now*? Regulation makes even less sense in the midst of the generative-AI boom. GenAI is already reshaping—and could fundamentally disrupt—search, social media, e-commerce, and other digital markets.
The revised AICOA targets a small group of “systemically important platforms” based largely on size and reach, not proof of market power or consumer harm. It would treat practices such as self-preferencing, integration, defaults, ranking, data use, and interoperability restrictions as presumptively suspect, even though these practices can improve convenience, security, and product quality. Its low “material harm” threshold and demanding defenses would make ordinary design and engineering decisions far riskier.
The likely result is more litigation, slower product improvements, and less integration—not necessarily more competition. Large penalties and expedited enforcement would further encourage overcompliance. Governments should address exclusionary conduct when there is evidence of actual competitive harm (and we have Antitrust Law for that), rather than adopting a DMA-style shortcut that risks protecting competitors at the expense of consumers and innovation.
While I enjoy zombie movies, zombie bills are a waste of valuable resources that we should not entertain.