Yesterday, TechFreedom sent a letter to the U.S. House Committee on Energy and Commerce expressing concerns about H.R. 3209, the App Store Freedom Act (ASFA).
The bill would apply the Federal Trade Commission’s (FTC) consumer protection authority to commercial transactions between app store operators and app developers, blurring the line between consumer protection and competition violations. The FTC’s consumer protection authority centers around injury to consumers, and historically the FTC has applied it to business-to-business conduct in only a narrow set of circumstances involving small businesses.
Ultimately, app store providers preferencing their own apps or those of business partners is a competition issue. We explain why any new law governing how app stores deal with app developers should be enforced through the FTC’s competition authority, with violations treated as unfair methods of competition.
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Find this letter on our website. We can be reached for comment at media@techfreedom.org. Read our related work, including:
- Event: The Culture War, FTC Investigations & the First Amendment, (Mar. 30, 2026)
- The First Amendment’s Red Line Between the Expressive and Commercial Realms, Concurrences (Nov. 21, 2025)
- Antitrust Enforcement and Protected Speech: First Amendment Primer, Concurrences (Nov. 21, 2025)
- The Future of Speech Online 2025: The Age of Constitutional Evasion, Day 2 (Oct. 29, 2025)
- Brendan Carr-leone’s war on the First Amendment, The Hill (Oct 2, 2025)
- Coalition letter expressing concerns about threats by FCC Chairman Brendan Carr (Sep. 30, 2025)
- Comments to the FTC regarding the Omnicom-Interpublic merger approval (July 28, 2025)
- Comments to the FTC regarding technology platform censorship (May 21, 2025)
- TechFreedom Policy Summit Day 1: Constitutional Limits of the FTC and DOJ (May 15, 2025)
- Comments to the FCC regarding the news distortion complaint involving CBS Broadcasting Inc., (Mar. 7, 2025)
About TechFreedom: TechFreedom is a nonprofit, nonpartisan technology policy think tank. We work to chart a path forward for policymakers towards a bright future where technology enhances freedom, and freedom enhances technology.
