Bill · S. 1060· Senate(119-S-1060)
AMERICA Act
- Introduced
- 3/13/2025
- Last activity
- 3/13/2025 — Read twice and referred to the Committee on the Judiciary.
- Sponsored by
- Mike Lee
- Cosponsors
- - 2 - 5
- Introduced
- In Committee
What this bill would do
The AMERICA Act aims to amend the Clayton Act to increase competition and transparency in the digital advertising market. It prohibits large companies with over $20 billion in digital advertising revenue from holding multiple roles, such as owning both an advertising exchange and a brokerage. The bill mandates that brokerages act in the best interests of their customers and provides for strict transparency and record-keeping requirements. It also establishes a duty for digital advertising exchanges to provide fair access to all buyers and sellers. Additionally, the act creates an Antitrust Consumer Damages Fund to distribute money to those harmed by violations. Finally, it outlines a specific process for required divestitures to ensure market competition.
Yes· 3 of 8
Does this put more rules on large technology companies?+8
The bill imposes significant new regulations on large digital advertising companies to prevent conflicts of interest.
Does this give people more protection from unfair business practices?+6
The bill enhances transparency and mandates a duty of best interest for brokerage customers.
Does this make it easier to run a small business?+5
Increased competition and fair access to exchanges may benefit smaller advertising participants.
The opposite
Would billionaires be better off under this?-7
Large tech entities with massive advertising revenues face significant structural changes and required divestitures.
Who it would affect, and how
Potential Positive Impacts for People
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Increased Market Competition: By prohibiting entities with over $20,000,000,000 in digital advertising revenue from owning multiple conflicting roles, the bill aims to prevent conflicts of interest (Section 2(b)).
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Duty of Best Interest: Brokerages are required to use reasonable diligence and care to act in the best interests of their customers, ensuring they do not prioritize their own interests over those of the customer (Section 2(c)(1)).
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Better Terms for Transactions: The bill mandates a "best execution duty," which requires brokerages to seek the most favorable terms reasonably available for their customers' transactions (Section 2(c)(2)).
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Improved Transparency: Brokerage customers can request specific information to verify that their broker is following the law, including details on bids, pricing, and routing practices (Section 2(c)(3)).
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Protection of User Privacy: When providing information to customers for compliance verification, brokerages must anonymize or hash data to keep it from being tied to individual web users (Section 2(c)(3)(D)).
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Fair Market Access: Digital advertising exchanges are required to provide every buyer and seller with fair access to the exchange's technology, data, and processes (Section 2(c)(5)).
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Financial Redress for Victims: The bill establishes the Antitrust Consumer Damages Fund to distribute amounts received from legal actions to persons in the United States harmed by specific violations (Section 2(d)(1)(D)).
Potential Negative Impacts for People
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Requirement to Divest Assets: Large companies may be forced to sell off parts of their business through required divestitures to comply with the new prohibitions (Section 2(b) and Section 2(e)).
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Compliance and Record-Keeping Burdens: Brokerages must adhere to strict rules regarding record retention, time synchronization, and the creation of public reports on their routing practices (Section 2(c)(3) and Section 2(c)(8)).
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Mandatory Public Reporting: Brokerages must make certain reports regarding their order routing practices available to the public on an internet website for three years (Section 2(c)(8)).
Groups and Interests Ranking
Every group the model scored this bill for, from -10 to +10. Hover a score for the reason it gave.
- Economy And Finance
- Improves Consumer Protection+6Improves Small Business Support+5Improves Economic Growth+3
- Education And Technology
- Increases Big Tech Regulation+8Improves Data Privacy+4
- Governance And Ideology
- Improves Government Transparency+5Increases Federal Power+5
- Demographic And Interest Groups
- Good For Business Owners+4Good For Billionaires-7
- 4/4/2025
- 1 Cosponsor added.
- 3/31/2025
- 1 Cosponsor added.
- 3/13/2025
- Read twice and referred to the Committee on the Judiciary.
- 5 Cosponsors added.
- Introduced in Senate
Cory BookerDemocrat · New Jersey
Ted CruzRepublican · Texas
Richard DurbinDemocrat · Illinois
Amy KlobucharDemocrat · Minnesota
Eric SchmittRepublican · Missouri
Peter WelchDemocrat · Vermont
Elizabeth WarrenDemocrat · Massachusetts