Breaking Up Digital Ad Giants: Mandating Competition and Transparency.
This bill forces the largest technology companies controlling the digital advertising market to separate conflicting business units, such as ad exchanges and brokerages, to eliminate conflicts of interest. For businesses, this means fairer pricing and increased competition, potentially leading to lower consumer costs. It also mandates that ad brokerages act in the best interest of their customers and provide full transparency regarding transaction details.
Key points
Structural Separation: Companies with over $20 billion in revenue cannot simultaneously own a digital ad exchange and a brokerage (buy-side or sell-side), forcing divestiture of conflicting operations.
Customer Protection: Brokerages (over $5 billion in revenue) must adhere to "Best Interest" and "Best Execution" duties, prioritizing customer needs over their own profits.
Mandatory Transparency: Customers can request detailed transaction data, including bids, winning prices, and compensation, to verify the brokerage's compliance.
Private Enforcement: Harmed customers of the largest violators can sue for damages, potentially recovering at least $1 million per month of violation.
Expired
Additional Information
Print number: 118_S_1073
Sponsor: Sen. Lee, Mike [R-UT]
Process start date: 2023-03-30