The precise threshold in the proposed bill is as follows (from the WSJ article):Thanks for the clarification. I am not sure this bill really open competition or even has the same intent as the BOCs you mention. I would actually think that using market cap and size as a trigger would be more risky. The concept of a closed App Store architecture (single App Store on a device) is the same regardless of market cap. Xbox store is only store on Xbox, Sony store is only store on PlayStation, App Store is only store on iOS. Sounds punitive to target only the one store on a platform over $xx market share.
In general, the legislation applies to companies with a market cap greater than $550 billion and more than 50 million monthly active users that are considered “critical trading partners” for other businesses to access customers.
I don't disagree that this may not be the most effective or precise threshold to achieve the market effects the bill's creators want. History is littered with misdirected and unintended consequences from US legislation. But that alone would not be grounds to call it punitive - it's only grounds to call it misguided, ineffective, or stupid