Federal Legislation Seeks to Provide Fairness for Small Business Owners using Big Tech Services

Date: August 23, 2022

Antitrust bill in Congress seeks to stop bad Big Tech behavior against small businesses that use or sell on the internet

Updated Aug. 31, 2022

Large technology companies, such as Amazon, Google, and Meta are rapidly changing the way that consumers shop, find, and interact with small businesses. Unfortunately, NFIB members are increasingly reporting problematic business practices when dealing with these Big Tech giants. 

Congress is considering legislation to provide new protections for small business owners and consumers against anticompetitive behavior and unfair practices by Big Tech, but these companies are spending millions of dollars to defeat this legislation. NFIB is asking small business owners dealing with these companies to make their voices heard by Congress.


In a recent NFIB member ballot, 84% of NFIB members favor Congress taking legislative action to control the unfair and anticompetitive practices of these companies. In late July, NFIB sent a letter of support to the U.S. Senate supporting S. 2992, the American Innovation and Choice Online Act, which is an antitrust bill that seeks to ensure fairness for small businesses in using platforms such as Amazon and Google as well as choice for small businesses on the internet.  The bill could receive consideration when Senators return in September.

The American Innovation and Choice Online Act seeks to set some basic rules of the road to ensure that these tech giants can’t do things like unfairly preference their own products over a small business’, require small businesses to use Big Tech products and services to gain platform access, or choke off competition that consumers and small businesses desire.

“The American Innovation and Choice Online Act is a commonsense proposal that seeks to remedy conflicts of interests, foster increased choice in online services, and ensure a level playing field for small businesses and users of platforms covered by the legislation,” written in the letter by NFIB’s Vice President of Federal Government Relations Kevin Kuhlman.

The bill will limit the ability of Big Tech to discriminate between winners, which are often their own products and services, and losers who are often competing small businesses. It will also curtail the unfair placement of small businesses in search results on platforms such as Google or Amazon.

The fair market rules proposed in the American Innovation and Choice Online Act will allow small businesses everywhere to compete on a level playing field, and spur competition to the services offered by Big Tech. More competition will bring better terms of service for small businesses and mean Big Tech will have to work hard to keep your company’s business.

Tell Congress that now is the time to rein in Big Tech companies and ensure a fair and level playing field for small business users.

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