AICOA returns with tighter defenses for major platforms

On June 11, 2026, Senators Chuck Grassley and Amy Klobuchar introduced the American Innovation and Choice Online Act, a modified version of a bill previously introduced in Congress. The proposal relabels “Covered Platforms” as “Systemically Important Platforms,” lowers revenue requirements, and raises active user/subscriber requirements, while retaining prohibitions on self-preferencing, tying, impeding access to platform data, user lock-in, and retaliation.

The updated bill significantly narrows affirmative defenses by requiring clear and convincing evidence, contemporaneous records, and proof that the conduct was not a “pretext to exclude or disadvantage competitors.” A previous defense for conduct needed to “maintain or substantially enhance the core functionality of the covered platform” no longer applies.

EU scrutiny of AI competition is also increasing. The European Commission is reportedly seeking user figures for AI assistants to assess whether some services should be designated under the Digital Markets Act. On June 9, 2026, the Commission imposed interim measures in its Article 102 TFEU case against Meta, requiring free access to WhatsApp for competing AI companies while the investigation continues.

Other antitrust developments include an FTC investigation into Arm Holdings Plc reported on May 15, 2026, state AGs seeking Ticketmaster divestiture from Live Nation on May 21, 2026, and Digital Markets Act activity involving Apple, Amazon Web Services, and Microsoft Azure.