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ARTICLE · 08 AUGUST 2023

Senators Introduce Bipartisan Digital Consumer Protection Commission Act

Add a new bill to the list of pending legislation introduced in Congress that seeks to regulate noncompetes. This one, named the Digital Consumer...

United StatesConsumer Protection

Add a new bill to the list of pending legislation introduced in Congress that seeks to regulate noncompetes. This one, named the Digital Consumer Protection Commission Act, addresses noncompetes more tangentially and only for a particular sector.

Senators Elizabeth Warren and Lindsey Graham introduced the bipartisan 158-page bill a few days ago. The bill targets so-called "Big Tech." It would establish a new commission to regulate dominant online platforms. The commission would implement rules to promote competition, protect privacy, protect consumers, and strengthen antitrust enforcement.

HOW DO NONCOMPETES FIT INTO THE DIGITAL CONSUMER PROTECTION CONSUMER ACT?

The bill would make it unlawful for an online platform covered by the law to engage in unfair methods of competition. An example of a practice deemed to presumptively violate this restriction is the use of noncompetes, except in connection with the acquisition or sale of a business.

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