Cicilline, Buck Expecting Suspension Vote for Antitrust Venue Bill

Expect a House suspension vote soon on one of the Judiciary Committee’s less controversial antitrust bills, House Antitrust Subcommittee Chairman David Cicilline, D-R.I., and ranking member Ken Buck, R-Colo., told us Tuesday.

Buck said he anticipates a suspension vote on the State Antitrust Enforcement Venue Act. HR-3460 would strengthen the right of state attorneys general to litigate antitrust cases in courts of their choosing. Suspension of the rules is a procedure for expedited passage. It limits floor debate, blocks amendments and requires a two-thirds majority for final passage. Senate Antitrust Subcommittee Chair Amy Klobuchar, D-Minn., and ranking member Mike Lee, R-Utah, introduced companion legislation.

“It’s just a matter of floor time,” said Cicilline, noting more than 100 Republicans have “recorded” support for the bill. “We have a short week this week. Hopefully it will come up soon.” Offices for House Speaker Nancy Pelosi, D-Calif., and Majority Leader Steny Hoyer, D-Md., didn’t comment. Hoyer will make the final call, but “I suspect that bill can pass by suspension,” said Cicilline. The House returns to session Feb. 28.

Buck said he hopes for House consideration in March of another bill with Cicilline, the American Choice and Innovation Online Act (HR-3816). The Senate Judiciary Committee passed its version in January (see 2201200066).

California Democrats continue to have reservations about bills Cicilline and Buck are pushing, and some remain opposed. “We have to make sure America continues to be the best in terms of competition, job creation, and we keep that technology in the U.S.,” said Rep. Lou Correa, D-Calif. “All of the California companies are being singled out. If it wasn’t for these companies, California would have a deficit. If it wasn’t for these companies, California’s employment situation would be a lot different than it is today.” If there was adequate funding, the current legal framework for antitrust enforcement would “go a long way toward addressing a lot of the concerns that we have,” he said.

Some of the bills as written unfairly target California companies, Sen. Dianne Feinstein, D-Calif., said at a recent markup in which the Judiciary Committee passed the Open App Markets Act (S-2710) (see 2202030079). Nothing has been done to address those reservations, but getting support for any major changes to the legislation could be “difficult,” she said. She told us she’s leaning toward supporting S-2710 and S-2992 when they reach the floor.

“Getting tech regulation right is complex,” said Sen. Alex Padilla, D-Calif. “I just want to make sure we’re thoughtful in accomplishing what we’re trying to accomplish.” In response to a question on whether California companies are being unfairly targeted, he said the focus should be on bad conduct, not a company's location.

In response to California Democrats, Cicilline said there will be some who won’t support the bills because they think the regulations could harm companies in their districts. “The truth is these bills are designed to restore competition,” he said. “To create more opportunities for more innovation, more entrepreneurs, more new businesses.” Klobuchar told us she hopes for Senate floor time “soon.”

“There has to be a lot more careful consideration,” said Sen. John Cornyn, R-Texas, the lone Judiciary member to vote against the app store bill. “These are some of the most successful companies in America, and there’s nothing to prevent them from moving offshore and taking the jobs they create with them.”

Passing a bill that would allow news publishers to negotiate revenue sharing with online platforms is a “big priority,” said Cicilline. He and Klobuchar introduced the bipartisan Journalism Competition and Preservation Act (HR-1735/S-673). He said he’s working closely with broadcasters and online and print media. “Local broadcasters, local newspapers are really in trouble,” he said. “We’ve seen that problem get worse during COVID, so making sure that they survive is critical to the functioning of our democracy.”