On June 11, 2026, Senators Chuck Grassley and Amy Klobuchar introduced the American Innovation and Choice Online Act (AICOA), a slightly modified version of a bill that was previously introduced in Congress. Two items to be aware of include:
First, the entities subject to the act will not significantly change. “Covered Platforms” was relabeled as “Systemically Important Platforms” and the qualifying thresholds changed, decreasing revenue requirements but increasing active user/subscriber requirements. Also, like before, the AICOA prohibits Systemically Important Platforms from self-preferencing, tying, impeding access to platform data, imposing user lock-in, and retaliation.
Second, the new version significantly narrows the affirmative defenses by requiring clear and convincing evidence and proof of contemporaneous records. Invoking the defense also requires proof that the conduct was not “pretext to exclude or disadvantage competitors.” It no longer applies when the conduct was necessary to “maintain or substantially enhance the core functionality of the covered platform.”
A redlined comparison of the previous and current AICOA is available for download here.
The Niche
The European Commission (the Commission) is reported to be requesting information on user figures for AI assistants, which could be used to determine whether to open investigations regarding the potential designation of at least some of those services under the Digital Markets Act. Maintaining a competitive AI sector is a focus for the Commission, which uses its power to both implement the Digital Markets Act and to enforce competition law. For example, on June 9, 2026, the Commission imposed interim measures as part of its Article 102 TFEU case against Meta, requiring it to provide free access to WhatsApp for competing AI companies while the substantive investigation continues. In her remarks about this interim measures decision, Executive Vice President Teresa Ribera emphasized that “[p]reserving contestability in AI markets is essential to safeguard innovation in Europe, our strategic autonomy and, of course, choice for European citizens.” She also alluded to past mistakes, noting that “[f]ailure by competition authorities to act quickly enough […] might have meant that dominant players became so entrenched that markets were no longer contestable. […] We cannot let this happen in AI.”
Other Interesting Antitrust Developments
U.S. On May 15, 2026, Bloomberg reported that Arm Holdings Plc is facing an FTC antitrust investigation over the U.K. company’s semiconductor technology licensing practices. Arm declined to comment on the investigation.
U.S. On May 21, 2026, the state AGs that litigated the Live Nation-Ticketmaster case through to a favorable jury verdict asked the judge to, among other remedies, order Live Nation to divest Ticketmaster, effectively unwinding the 2010 merger.
U.K. On June 25, 2026, the U.K.’s Competition Appeal Tribunal (CAT) refused Apple’s application to revoke the CAT’s Collective Proceedings Order approving a collective action that alleges Apple abused a dominant market position by overcharging U.K.-based app developers.
EU On June 16, 2026, the Italian Competition Authority (AGCM) launched an investigation into Apple under Article 6(7) of the Digital Markets Act. AGCM is investigating whether Apple is giving third-party providers of consumer cloud equal access to the same features that it makes available to its own iCloud service, such as full-device backup capabilities. AGCM’s findings will be shared with the Commission to support its enforcement activities.
EU On June 25, 2026, the Commission issued its preliminary findings to Amazon and Microsoft that they should be designated as gatekeepers under the Digital Markets Act for their cloud computing services, Amazon Web Services and Microsoft Azure, respectively.
EU European competition authorities have issued a joint statement in support of merger call-in powers. The statement describes call-in powers as a targeted tool to be used on a case-by-case basis and notes that jurisdictions who wish to introduce them should strike a “balance between effective merger control enforcement and legal certainty as well as predictability, while alleviating the administrative burden […].”
Pipeline
U.S. The public has 60 days after publication to submit comments on the DOJ’s proposed settlement with Live Nation that resolve DOJ’s monopolization allegations against Live Nation.
U.K. The Competition and Markets Authority is consulting on its draft revised guidance on the assessment of merger efficiencies.
EU The scheduled vote of the Council of the European Union (the Council) on the Digital Omnibus, which includes amendments to the AI Act and other amendments that have the potential to impact on the interpretation of the Digital Markets Act, has been delayed. Discussions over the proposed modifications to the legislative framework will continue under the incoming Irish presidency of the Council.
