Statement On House Judiciary Committee’s Vote Approving Legislation to Break Up and Rein In Big Tech

WASHINGTON, D.C. (June 24, 2021) — Small Business Rising issued the following statement in response to the House Judiciary Committee’s vote approving a sweeping package of antitrust legislation to break up and rein in the four Big Tech companies: Amazon, Apple, Google, and Facebook.

“We’re thrilled that the House Judiciary Committee passed sweeping bipartisan legislation to rein in Big Tech. The package included one of our top priorities: legislation to break up Amazon and the other Big Tech companies. It also included a bill to block some of Amazon’s abusive practices against businesses that depend on its platforms and another measure that would restrict Big Tech acquisitions.

“Small Business Rising members and partners worked hard to make sure Committee Members heard from small businesses. We applaud Chairman Cicilline, Ranking Member Buck, Congresswoman Jayapal, and other committee members for standing up to Amazon and not letting Big Tech lobbyists drown out our voices.

“We look forward to continuing to work closely with Congress to create vibrant, competitive online markets and reinvigorate our antitrust laws.”

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Small Business Rising Response to Amazon Statement on Antitrust Bills

FOR IMMEDIATE RELEASE
Contact: Virgil McDill, vmcdill@ilsr.org, 202.294.9187

Small Business Rising Response to Amazon Statement on Antitrust Bills

“Amazon executives are panicking because they know these bills will break the company's stranglehold on small businesses”


WASHINGTON, D.C. (June 22, 2021) -  In response to an Amazon statement opposing the push for sweeping antitrust reforms in Congress, the Institute for Local Self-Reliance released the following statement from Co-Director Stacy Mitchell and Doug Mrdeza, the Chief Executive Officer of Top Shelf Brands, a barber supply company and Amazon third-party seller:

Stacy Mitchell, Co-Director, Institute for Local Self-Reliance: 

“Amazon executives are panicking because they know these bills will break the company's stranglehold on small businesses and consumers, and force it to compete on a level playing field. These bills are the result of an extensive, 15-month long investigation that demonstrated beyond a doubt that Amazon used its monopoly power to unfairly advantage its own products and line its pockets with seller fees at the expense of entrepreneurs and innovation. 

By breaking up Amazon, we can end these abuses once and for all and restore vital dynamism and innovation to the economy."

Doug Mrdeza, CEO, Top Shelf Brands, and a member of the Small Business Rising coalition:

“Amazon likes to say that it’s helping small businesses, but as someone who’s experienced the hardship and pain that comes with trying to do business on Amazon, I can tell you that the opposite is true. 

I built a company that was a top seller on Amazon, employed more than 40 people and was named as one of America’s fastest growing companies. But Amazon began forcing us to accept ever-higher fees that cut into our revenue and new conditions that made it hard to grow our business - everything from higher charges for warehouse space to unilaterally changing our advertising approach. Today, I’m the single remaining employee at my company, drowned in debt I personally guaranteed. 

I know I’m far from the only business owner to have this experience. In fact, the overwhelming majority of third-party sellers say that Amazon is a threat to their business. It’s why we badly need to pass legislation that would curb Amazon’s power - and it’s why we should be deeply skeptical of Amazon when they say they support small businesses.”

Earlier this week, ILSR released a fact sheet explaining how Amazon exploits and undermines small businesses, including survey data that shows three out of four of independent retailers ranked Amazon’s dominance as a major threat to their survival, and only 11 percent of those selling on its site described their experience as successful. 

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Small Business Coalition Urges Support for Federal Big Tech Bills

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FOR IMMEDIATE RELEASE
Contact: Virgil McDill, vmcdill@ilsr.org, 202.294.9187

Small Business Coalition Urges Support for Federal Big Tech Bills

Statements below from independent business associations and small business owners reflect strong support for the federal action to address concentrated corporate power. 

The House Judiciary Committee will consider the Big Tech bills on Wednesday.

WASHINGTON, D.C. (June 18, 2021) -  A coalition of independent businesses urged lawmakers to back new legislation being considered by  the House Judiciary Committee that will curb  the outsized power of the Big Tech firms —Amazon, Apple, Google, and Facebook — and allow small businesses to compete and succeed online. 

The Small Business Rising coalition, which formed earlier this year, is comprised of more than 25 independent business organizations representing more than 150,000 independent businesses owners.

The bipartisan legislative package includes several policy provisions that Small Business Rising has been advocating for:

  • A structural separation bill. Breaking up Amazon is essential to stopping its abuse of independent businesses. The bill includes a clear rule that a company may not own both a  dominant platform and any business lines that sell products or services on that platform.

  • A nondiscrimination bill that includes important provisions to protect third-party sellers and other businesses from predatory behavior by Amazon.

  • And a merger bill that creates a high hurdle that the four tech giants must overcome to be allowed to acquire other companies.

 Members of Small Business Rising expressed their support for Congressional action to address market power abuses by dominant corporations.

“We literally help build communities across the country, and if the 45,000 independently owned hardware stores, home centers, lumberyards, paint and decorating retailers businesses are going to continue to be a part of our communities, it is imperative that they’re able to compete on a level playing field,” said Dan Tratensek, Chief Operating Officer of the North American Hardware and Paint Association (NHPA). “That’s why NHPA feels that the introduction of several recent pieces of legislation targeting unfair business practices are a major step forward in creating a fair and equitable market place where small business owners can compete. We see this bipartisan legislation as an opportunity to stop the runaway market advantages that big corporations and online sellers have benefitted from at the expense of Main Street America.”

“Concentrated market power is the single biggest threat facing independent businesses like mine, and the introduction of this legislation is a major step forward in addressing the outsized power and destructive harm of companies like Amazon,” said Gina Schaefer, Owner & Chief Localist A Few Cool Hardware Stores. “In the past several years, thousands of small businesses have closed and thousands more are struggling to stay afloat, while Amazon has seen its dominance grow. It’s a relief to see Congress stepping up and bringing some basic fairness back to our economy.”

“We are heartened to see bipartisan members in the House take real action on legislation to update and better enforce antitrust policy,” said Christopher Jones, Senior Vice President of Government Relations and Counsel at the National Grocers Association (NGA). “While these bills are focused on the technology marketplace, they touch on the biggest issues NGA’s members face in the grocery industry: consolidation, buyer power, and economic discrimination. We hope these bills are just the start of Congress’ efforts to rein in anticompetitive abuses by dominant firms as NGA continues to push for scrutiny of food retail power buyers. Antitrust enforcement and reform would mean more support for local economies and small and independent businesses, more innovation across sectors, and more choices for consumers of all income levels. We look forward to working with the House and the Senate to reinvigorate the antitrust laws for the first time in decades.”
“Everyone likes competition – it keeps us all on our toes. However, when any business begins to grow by buying up the competition, then competition ceases to exist,” said Sue Warfield, Interim President of the American Specialty Toy Retailing Association (ASTRA). “Not only does this mean fewer independent businesses, it also means the loss of community involvement and support by the independent businesses that often support local schools, teams, and their tax base.”

“Amazon keeps charging third-party sellers more and more to sell on its Marketplace because they’re the only game in town and they feel that sellers don’t have another good option for reaching their customers,” said David Guernsey, President and CEO, Guernsey, Inc. “By including a rule that the owner of the platform can’t also  sell on that platform, this legislation will help thousands of small business owners who have been forced to compete against Amazon on its own platform. This levels the playing field for sellers to compete fairly.”

“Our members have been battling Amazon for years now,” said Mike Tucker, Executive Director of the Independent Office Products and Furniture Dealers Association. “In the beginning, there was an interest among dealers in being a reseller on their marketplace.  But when Amazon Business was introduced, it became apparent that Amazon was not looking for partners, but rather a gateway to the end customers, where they could use their abusive anti-competitive tactics to dominate the market.  I believe Congress now understands the extent of this carnage and pray they will take strong and effective measures to restore a free and fair playing field.”

“We need Congress to step in and stand up to giant businesses like Amazon that are undermining our communities,” said Yelake Meseretu, Managing Director at U.S. Office Solutions.

"The hard work of the U.S. House Judiciary Committee’s Subcommittee on Antitrust has shed a bright light on the toll that the unchecked power of hyper-dominant corporations has taken on innovation, job creation, consumer choice, and the economic health of local communities,” said Allison K Hill, CEO of the American Booksellers Association. “The bipartisan bills will put into law the reforms, safeguards, and enforcement necessary for a vibrant economy moving forward. These bills will also ensure that the long tradition of fair play and equity in America's antitrust enforcement meets the significant challenges of the 21st century." 

 “Amazon makes it nearly impossible for small business owners like myself to make a profit selling on their Marketplace,” said Bill Stewart, owner of LI Toy & Game in Kings Park, New York. “They ask for documentation they know you can't provide. They stock a product you're selling when they see it is popular and profitable, and then undercut your price. They pull your products off the site for no legitimate reason. Because Amazon controls so much of the online selling market share, we don't have a choice and need to be there. Small business owners need this kind of legislation so that our government has better tools to stand up to monopoly bullies like Amazon. They treat small business owners poorly because they know we don’t have the power it takes to stand up to them.”

“Local First Arizona represents over 3,000 unique small businesses across the state. An important part of our mission is educating people about the interconnectedness of our state’s economy - about the importance of buying local and supporting our home town businesses.” Thomas Barr, Vice President of Business Development at Local First Arizona. “But when it comes to a company as dominant as Amazon, local solutions like those just aren’t enough. That’s why we need Congress to step in and help level the playing field for our independent businesses.” 

“For too long, Main Street has felt the impact of the unabated growth and uneven playing field of large monopolies,” said Stephen Michael, Executive Director of the Main Street Alliance. “The consolidation of corporate power not only limits competition, but also squeezes small businesses out of supply chains and other core economic access points. Main Street Alliance small businesses applaud the package of antitrust legislation introduced today. For policymakers interested in a robust, competitive small business economy, passing new anti-monopoly laws must be a key federal priority in 2021. Antitrust regulation is one place where we can look to build a more resilient and fair economy coming out of the pandemic.”

“Amazon can sell books at a loss because they see books as loss-leaders. If I did that, I’d be out of business,” said Danny Caine, Author and Owner of The Raven Book Store. “That’s predatory behavior and it’s already cost our country thousands of small businesses who couldn’t compete in this rigged system. I’m glad to see Congress take action on this by allowing small businesses harmed by predatory behavior to pursue a private-right-of-action without having to rely on enforcers to act.”

Building Momentum for Antimonopoly Reforms: Sen. Klobuchar Meets with Frontline Communities, Athena, and Small Business Rising

For the first time in decades, passing new laws to curb the rising concentration of corporate power is shaping up to be a key priority for federal policymakers. Small Business Rising is working to build support for robust federal antitrust reform. On June 8th, Small Business Rising joined with the Athena coalition to cohost a lively antimonopoly town hall online — featuring US Senator Amy Klobuchar — to discuss what such an agenda should look like.

Senator Klobuchar affirmed that even across political differences, “Americans understand this idea that there’s too much consolidation, and that concentrated markets have negative impacts” for a wide range of groups and constituents, including consumers, workers, and communities of color.

On the most pivotal question of antitrust reform — structural separation — Senator Klobuchar confirmed, in no uncertain terms, the need to break corporations up, saying: “You asked about breakups: and yes, that has to be part of this, divesting assets….Unless you force some divestiture of assets, [monopolies are] going to just keep going the way they are… Yes, breakup[s have] to be on the table when it comes to these companies.”

Many participants of the town hall — made up of small business owners, workers, activists, journalists, and Hill staffers — came with engaging stories that underscored Senator Klobuchar’s remarks. Angela Schwesnedi, owner of Moon Palace Books and a member of Main Street Alliance (a Small Business Rising partner), shared that, in her experience, Amazon’s power is not new and wholly undermines competition. “Amazon’s market dominance and predatory practices were squeezing independent bookstores like mine out of existence even before Covid,” she said. Schwesnedi explained that Amazon’s ability to track and collect data on consumers’ buying habits is disastrous for competitive markets. She asked, “What does that mean for my ability to do business with [my] customer?”

Central to this conversation is the way that antimonopoly laws can safeguard workers from the power of large corporations. Mohamed Suleiman, an Amazon worker from the Twin Cities, emphasized this point, explaining that many workers are afraid. “There are a lot of workers who have a lot of fear in regards to being able to come forward … and not knowing what their rights are because they either have language barriers or are new to the company.”

With Lina Khan’s confirmation as FTC chair, and several antitrust bills dropped in the House last week, this town hall marked a pivotal moment in the burgeoning antimonopoly movement. To learn more, watch the Senator’s full remarks below and join Small Business Rising!

Landmark Antitrust Legislation to Rein in Dominant Corporations Heads For Approval in New York State Senate

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FOR IMMEDIATE RELEASE
Contact: Virgil McDill, vmcdill@ilsr.org, 202.294.9187

Coalition of Independent Business Groups Applauds New York’s
Landmark Antitrust Bill

WASHINGTON, D.C. (June 3, 2021) - Small Business Rising, a coalition of independent business organizations representing more than 150,000 independent businesses, signaled its strong support for groundbreaking antitrust legislation being considered by the New York State legislature. The coalition applauded the Twenty-First Century Antitrust Act, noting that the legislation would dramatically level the playing field for independent business owners. If approved, the bill would put New York at the forefront of antitrust enforcement in the nation, and would finally give New York’s small business owners the opportunity to compete fairly with dominant corporations.

Authored by Sen. Michael Gianaris, the sweeping reforms would simplify and strengthen New York’s antimonopoly laws, and would expand what kinds of harmful conduct the law can address. Among other measures, the Twenty-First Century Antitrust Act would:  

  • Lead to clear, bright-line rules prohibiting abusive and anti-competitive tactics by dominant corporations

  • Place New York at the cutting edge of combating monopolies and curbing corporate power by fundamentally redefining what constitutes dominance by a single firm

  • Allow lawsuits against corporations that act unilaterally to stifle competition — an expansion of current law which defines anticompetitive conduct as occurring only when two or more companies are collaborating or conspiring to restrain competition

Small Business Rising, a coalition of more than two dozen organizations representing more than 150,000 independent businesses, was formed this year to urge policymakers to rein in monopoly power and inject fairness into a system that has long left small businesses at a competitive disadvantage.

Members of the coalition expressed their support for the 21st Century Antitrust Act. 

“Monopoly power is the single biggest threat facing small, independent businesses. Misguided court decisions have warped federal antitrust policy, allowing monopolies like Amazon to engage in predatory and abusive tactics that harm smaller businesses,” said Stacy Mitchell, co-director of the Institute for Local Self-Reliance and a founding member of Small Business Rising. “By establishing clear rules to block abusive behavior by dominant corporations,  this legislation goes a long way toward giving independent businesses a fair shot at competing.”

“As an organization that has represented the interests of independently owned businesses for more than 120 years, we are encouraged to see that we may be making some headway in fighting a system that has traditionally been stacked against small business owners in favor of only the largest operators,” said Dan Tratensek, Chief Operating Officer of the North American Hardware and Paint Association. “This kind of legislation and movement is incredibly important, particularly at a time when small businesses are facing so many challenges.”

"We believe the Twenty-First Century Antitrust Act is a strong first step in renewing antitrust enforcement and leveling the playing field for the thousands of independent businesses in New York," said Allison K Hill, Chief Executive Officer of the American Booksellers Association. "For too long, monopolistic companies such as Amazon have wielded their market dominance and concentrated power to box out small businesses and harm consumers. Senator Gianaris's bill can help restore free and fair competition in New York State."

"Corporate monopolization is one of the biggest threats to a thriving small business economy,” said Stephen Michael, Executive Director of the Main Street Alliance. “With the 21st Century Antitrust Act, New York small businesses will have simple and effective tools to combat anti-competitive tactics by corporations. As we come out of the pandemic, which accelerated corporate consolidation and advantaged big businesses over small, now is the time to ensure we can build back a more resilient, vibrant, competitive local economy. Antitrust law is essential to that goal."

“New Yorkers love how local businesses contribute to the uniqueness of their neighborhoods and to the vitality of the entire city, but monopolies like Amazon continue to threaten independent businesses,” said Natasha Amott, owner of Whisk kitchen store in New York City.  “We urgently need this legislation to curb monopolistic behavior in the retail market in order to give local businesses a chance to compete.”

 “Amazon makes it nearly impossible for small business owners like myself to make a profit selling on their Marketplace,” said Bill Stewart, owner of LI Toy & Game in Kings Park, New York. “They ask for documentation they know you can't provide. They stock a product you're selling when they see it is popular and profitable, and then undercut your price. They pull your products off the site for no legitimate reason. Because Amazon controls so much of the online selling market share, we don't have a choice and need to be there. Small business owners need this kind of legislation so that our government has better tools to stand up to monopoly bullies like Amazon. They treat small business owners poorly because they know we don’t have the power it takes to stand up to them.”

"Our local small independent businesses are the backbone of our communities," said Bob Giordano, President/Founder of the Westchester Independent Business Alliance. "They provide character and individuality while keeping jobs and money in the local community. The Big Box stores and dominant online retailers do none of those things. That's why the Westchester Independent Business Alliance is supporting the 21st Century Antitrust Act. Our small businesses do so much for our communities, but too often the deck is stacked in favor of dominant companies like Amazon, big box stores and national and regional chains. We need this legislation to give small, independent businesses a fair shot at competing."

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June 8th Event with Senator Klobuchar

YOU’RE INVITED 

Town Hall with Senator Amy Klobuchar
Frontline Communities Building Momentum for Antimonopoly Reforms

Join the Athena Coalition and Small Business Rising on June 8 for a town hall with Sen. Amy Klobuchar. For the first time in decades, passing new antimonopoly laws is shaping up to be a key priority for federal policymakers. Small and independent businesses, workers, community organizers and policy advocates are building a movement to ensure antimonopoly reforms address the integrated impacts of monopoly power on workers, entrepreneurship, independent businesses, Black and brown communities.

Senator Amy Klobuchar will share how antimonopoly policy can be a tool to balance power in our economy and our democracy and engage in a Q&A with frontline community members, including business leaders. This will be followed by breakout discussions with other business owners to learn how antitrust reforms are key to level the playing field for small and independent businesses and brainstorm action steps and build momentum.  

Keynote

Senator Amy Klobuchar
Chair, Subcommittee on Antitrust, Commercial and Administrative Law

 Live Q&A with Frontline Communities 

Business Leaders, Advocates and Organizers

Moderated by

 Lauren Jacobs
 Executive Director, Partnership for Working Families

Break Out Discussions & Call to Action

 

Townhall: Tuesday, June 8, 2021

4:00 p.m. - 5:15 p.m. EST

REGISTER NOW

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Small Business Rising Member Participates in Senate Briefing

On May 4, a small business owner and member of Small Business Rising participated in a Senate briefing, alongside other experts and members of impacted communities, to expose the ways monopoly power poses a threat to our democracy, undermines the health of our economy, and exacerbates racial disparities.

This is a crucial moment for antitrust nationally. With the Biden administration nominating strong leaders, such as Lina Khan, to the Federal Trade Commission and Congress poised to consider antitrust legislation, this briefing focused on why we need to rein in monopolies and unveiled the latest polling data showing strong public support for curbing Amazon's power. It was co-hosted by Sen. Amy Klobuchar, the Athena coalition, and American Family Voices,

You can watch the briefing here.

You can find a summary of the polling here.

Among the speakers was an Arizona-based business owner, who is a third-party seller on Amazon and member of Small Business Rising. Fearing retaliation by Amazon, he chose to remain anonymous.

Other speakers included Maurice BP-Weeks, Co-Executive Director, Action Center for Race and Economy; Tyler Hamilton, Amazon warehouse worker at MSP1 and Awood Center member; Veena Dubal, Professor of Law, UC Hastings Law; Myaisha Hayes, Campaign Strategies Director, Media Justice; Stacy Mitchell, Co-Director, Institute for Local Self-Reliance (ILSR); and Celinda Lake, Political Strategist and President, Lake Research Partners.

Podcast: Small Business Rising is Fighting Monopoly Power

Small Business Rising was featured on this episode of Building Local Power. Small Business owners Danny Caine, owner of The Raven Book Store, and Natasha Amott, owner of Whisk, a homewares store, talk monopoly power, community impact, and the importance of joining together, across industry and geographic region, to call on federal policymakers to reign in monopoly power. Listen now:

Their conversation touches on:

  • Trends they’ve seen in their industries, and at what point they realized monopoly power was behind many of the challenges they are facing.

  • Why independent businesses are so important to communities.

  • Why it’s important for small businesses to come together across sectors to challenge monopoly power, and why small businesses and labor shouldn’t be pitted against each other.

  • The interconnected harms Amazon causes communities, including negative impacts on health, jobs, the environment, and more.

“To make this whole thing seem like this is just a single bookstore that’s mad about its prices makes it too easy to write it off. It’s much too narrow of a view of the argument. And as soon as you do any reading on the Amazon issue or about big tech monopolies, you realize just how many industries are affected by this, and how big Amazon is. So coalition building and teaming up both at the local and the national level, is vital to actually get something done, and also to convince people of the importance of this.”

“I hear David versus Goliath tossed around a lot, because we’re a little bookstore that has a really vocal anti-Amazon stance. But that’s not how I see it because it affects so many people. And if we all get together, we’re not actually that small. And I think Small Business Rising is a really important way to do that.”

Support of Lina Khan’s Nomination to the FTC

Small businesses need strong leaders who will stand up to #BigTech.

We submitted this letter to the U.S. Senate Committee on Commerce, Science, and Transportation to express our strong support of Lina Khan’s nomination to the Federal Trade Commission (FTC). We believe Ms. Khan is an obvious choice to join the FTC because of her deep expertise in antitrust law, extensive government and policymaking experience, and commitment to fostering an entrepreneurial, equitable, and prosperous economy. Ms. Khan is especially well-qualified to help reinvigorate the FTC at a time when the agency’s enforcement authority is critically important to addressing market power problems and restoring competition.

Read the full letter here.

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The Wall Street Journal Features Small Business Rising

Amazon Is the Target of Small-Business Antitrust Campaign

“WASHINGTON—Merchant groups are forming a national coalition to campaign for stricter antitrust laws, including measures they hope could force Amazon.com Inc. to spin off some of its business lines.

The effort is being launched Tuesday by trade groups that represent small hardware stores, office suppliers, booksellers, grocers and others, along with business groups from 12 cities, organizers say. Merchants plan to push their congressional representatives for stricter antitrust laws and tougher enforcement of existing ones.

The groups, which collectively represent thousands of businesses, want federal legislation that would prevent the owner of a dominant online marketplace from selling its own products in competition with other sellers, a policy that could effectively separate Amazon’s retail product business from its online marketplace.”

Link: Full Article Published 4/6/2021

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