The Open App Markets Act targets large app store operators, defined as "covered companies" that own an app store with over 50 million monthly U.S. users and control the underlying operating system. The bill seeks to promote competition, increase consumer choice, and reduce costs within the app economy by imposing specific requirements and prohibitions on these dominant platforms. Key provisions prohibit covered companies from mandating the use of their in-app payment systems or imposing price parity clauses that require developers to offer the same or better terms on their app store. They are also forbidden from taking punitive actions against developers who use alternative payment systems or app stores, or from restricting developers' direct communication with users about business offers. Furthermore, the bill prevents covered companies from using nonpublic business information derived from third-party apps to compete against those apps. It mandates that these companies allow users to choose third-party apps or app stores as defaults, install apps from outside the main app store, and hide or delete preinstalled apps. To ensure fair competition, the legislation prohibits self-preferencing in app store search results and requires covered companies to provide developers with timely and equivalent access to operating system interfaces and hardware/software features, along with necessary documentation. While promoting openness, the bill includes exceptions for actions necessary to protect user privacy or security , prevent fraud, or comply with intellectual property and other laws. However, such actions must be applied consistently, narrowly tailored, and certified by a principal executive officer. Enforcement of the Act falls to the Federal Trade Commission, the Attorney General, and State attorneys general, who can pursue civil actions. Additionally, developers injured by violations can sue for treble damages and injunctive relief, though foreign state-owned enterprises are excluded from this private right of action.
Read twice and referred to the Committee on the Judiciary.
Commerce
Open App Markets Act
USA119th CongressS-2153| Senate
| Updated: 6/24/2025
The Open App Markets Act targets large app store operators, defined as "covered companies" that own an app store with over 50 million monthly U.S. users and control the underlying operating system. The bill seeks to promote competition, increase consumer choice, and reduce costs within the app economy by imposing specific requirements and prohibitions on these dominant platforms. Key provisions prohibit covered companies from mandating the use of their in-app payment systems or imposing price parity clauses that require developers to offer the same or better terms on their app store. They are also forbidden from taking punitive actions against developers who use alternative payment systems or app stores, or from restricting developers' direct communication with users about business offers. Furthermore, the bill prevents covered companies from using nonpublic business information derived from third-party apps to compete against those apps. It mandates that these companies allow users to choose third-party apps or app stores as defaults, install apps from outside the main app store, and hide or delete preinstalled apps. To ensure fair competition, the legislation prohibits self-preferencing in app store search results and requires covered companies to provide developers with timely and equivalent access to operating system interfaces and hardware/software features, along with necessary documentation. While promoting openness, the bill includes exceptions for actions necessary to protect user privacy or security , prevent fraud, or comply with intellectual property and other laws. However, such actions must be applied consistently, narrowly tailored, and certified by a principal executive officer. Enforcement of the Act falls to the Federal Trade Commission, the Attorney General, and State attorneys general, who can pursue civil actions. Additionally, developers injured by violations can sue for treble damages and injunctive relief, though foreign state-owned enterprises are excluded from this private right of action.