Senators Reintroduce Bill to Force Apple and Google to Open App Stores

A bipartisan group of U.S. Senators has reintroduced the Open App Markets Act, a legislative effort aimed at promoting competition and strengthening consumer protections within the mobile app economy. The bill, spearheaded by Senators Marsha Blackburn (R-Tenn.), Richard Blumenthal (D-Conn.), Mike Lee (R-Utah), Amy Klobuchar (D-Minn.), and Dick Durbin (D-Ill.), specifically targets the control that Apple and Google exercise over their respective app stores.



The legislation seeks to establish what its sponsors call "fair, clear, and enforceable rules" to prevent gatekeeper platforms from inhibiting competition. "For years, Apple and Google have acted as gatekeepers, building up anticompetitive walls to squash their competition and drive up costs for consumers," said Senator Blumenthal. Senator Blackburn added, "Our bipartisan Open App Markets Act would ensure a freer and fairer marketplace for consumers and small businesses by promoting competition in the app marketplace and opening the door to more choices and innovation."


Key provisions of the bill would protect a developer's right to inform users of lower prices outside the App Store, allow for the sideloading of apps, and open the market to third-party app stores and alternative payment systems. The act also aims to prevent app stores from using non-public business data to compete with third-party apps and from disadvantaging developers through self-preferencing in search results.

This is not the first time lawmakers have attempted to pass this legislation. A previous version of the Open App Markets Act (S.2710) was introduced in 2021 and was passed by the Senate Judiciary Committee in early 2022 before ultimately stalling. At the time, Apple urged lawmakers to reject the bill, citing security and privacy concerns.

While the core tenets of the bill remain the same, the new version introduces key changes. The definition of a "covered company" has been narrowed to specifically target entities that own or control both an app store with over 50 million monthly U.S. users and the operating system on which it runs—a move that squarely focuses the legislation on Apple and Google.

The new bill also modifies the "affirmative defense" clause, which allows companies to take actions necessary for user privacy and security. While the burden of proof for the company has been lowered from "clear and convincing evidence" to a "preponderance of the evidence," a significant new requirement has been added. The company's principal executive officer must now submit a certification, under penalty of perjury, that the security defense is not being used as a pretext to limit competition.


The legislation has garnered endorsements from a wide range of organizations, including Spotify, Epic Games, the Coalition for App Fairness, and Public Knowledge. "The Open App Markets Act is a must-pass bill that would force Apple and Google to end their anticompetitive mobile app store practices," said Bakari Middleton, VP of Public Policy at Epic Games. Dustee Jenkins, Spotify's Chief Public Affairs Officer, added, "This bill takes a targeted, strategic approach that will create more economic opportunity, unlock innovation, reduce barriers for businesses and creators, and give American consumers lower prices and more control over purchases made through their iPhones."

Comparison: Open App Markets Act (2021 vs. 2025 Versions)

1. Covered Company Definition
• 2021 Bill (S.2710):
Owns or controls an app store with 50 million or more U.S. users.
• 2025 Bill (SIL25770):
Owns or controls both an app store and the operating system it runs on, with 50 million+ U.S. users. Targets Apple and Google more directly.

2. Security/Privacy Defense Burden
• 2021:
Requires "clear and convincing evidence" to justify actions limiting competition.
• 2025:
Standard lowered to "preponderance of the evidence," making it easier to claim the defense.

3. Executive Certification Requirement
• 2021:
Not present.
• 2025:
Principal executive officer must certify under penalty of perjury that the security defense is not a pretext to reduce competition.

4. Remote Access to Third-Party Apps/Games
• 2021:
No specific language on cloud gaming or remote access.
• 2025:
Explicitly prohibits penalizing apps for providing access to third-party apps/games via remote services.

5. Developer Access to OS Features
• 2021:
Must provide access to OS features on equal terms.
• 2025:
Clarifies that access must be "generally available to the public," and adds requirements for documentation and timing.

6. Enforcement
• Both:
Enforced by FTC, DOJ, and State AGs. Developers can also bring civil actions.

7. Restrictions on Developer Lawsuits
• 2021:
No restriction.
• 2025:
Developers that are foreign state-owned enterprises may not sue under the Act.

8. App Store User Count Criteria
• 2021:
Counted based solely on store usage.
• 2025:
Includes support functions such as app updates in the monthly user calculation.

9. Effective Date
• Both:
Takes effect 180 days after enactment.

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