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American Innovation and Choice Online Act

The American Innovation and Choice Online (AICO) is a proposed antitrust bill in the United States Congress. The legislation was introduced by David Cicilline (D-RI) in the House of Representatives as the American Choice and Innovation Online Act (H.R. 3816) on June 11, 2021.[1] On October 14, 2021, companion legislation in the Senate was introduced by Amy Klobuchar (D-MN) and Chuck Grassley (R-IA) as S.2992.[2]

Long title

To provide that certain discriminatory conduct by covered platforms shall be unlawful, and for other purposes.

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The legislation aims to prevent Big Tech companies from "self-preferencing" their own products at the expense of competitors.[3] Under AICO, covered platforms would be forbidden from disadvantaging other companies' products or services. The legislation would also prohibit covered platforms from using non-public data collected from business users to unfairly advantage the platforms' own products.[4]


On June 24, 2021, the House Committee on the Judiciary advanced H.R. 3816 on a 24–20 vote.[5] On January 20, 2022, the Senate Committee on the Judiciary voted to advance the legislation in a 16–6 vote.[6]

Background[edit]

Following a sixteen-month investigation, the House Committee on the Judiciary released a 450-page report in 2020 alleging that Big Tech companies have engaged in anti-competitive conduct.[7]


According to Cicilline, both AICO and five accompanying pieces of antitrust legislation approved by the House Committee on the Judiciary in June 2021 were borne out of the report's findings.[8]

"Self-preferencing" their own products at the expense of competitors

Intentionally disadvantaging other firms' products or services

Using non-public data generated by a business user to advantage the covered platform's own products

Interfering with pricing decisions set by another business user

Open App Markets Act

State Antitrust Enforcement Venue Act of 2021

United States antitrust law