(Bloomberg) — Senate Majority Leader Chuck Schumer told a group of donors that he doesn’t believe that there are enough votes in the Senate to pass a piece of antitrust legislation intended to pare back the power of the largest technology companies, according to people familiar with his remarks.
Schumer was asked about the measure, the American Choice and Innovation Online Act, during a question and answer session at a fundraiser on Tuesday evening at Bistro Bis, a restaurant near Capitol Hill.
He called the bill a “high priority,” but said the Senate doesn’t have the 60 votes needed to approve it.
Schumer had previously affirmed that he was working with the legislation’s lead Democratic sponsor in the Senate, Amy Klobuchar of Minnesota, but he has not said publicly that he doesn’t think the bill can pass.
He had earlier pledged to bring the legislation to a vote early this summer.
The bill would prevent Apple. Inc., Alphabet Inc.’s Google, Meta Platforms, Inc. and Amazon from using their gatekeeper power to discriminate against rivals.
Schumer told the donors that people have urged him to put the bill on the floor, a strategy that would put pressure on undecided lawmakers to vote in favor.
He added, however, that he does not believe that would be effective.
The bill’s co-sponsors have maintained that they have the votes to pass the bill with votes from both Democrats and Republicans.
And support for the legislation has been growing. On Tuesday, the National Federation of Independent Business, which represents small businesses across the country, announced that it’s backing the bill.
Klobuchar, referring to Schumer, said in a statement on Tuesday night that “we were promised a vote on this bill and we take him at his word.”
“We have growing momentum and the support to pass the bill despite the fact that the companies have spent an atrocious amount of money on lobbyists and TV ads spreading false information,” she added.
A spokesman for Schumer referred to his recent comment that he was working with Klobuchar and reaffirmed his support.
While advocates hold out hope that the measure could be approved in September, the window is narrowing before lawmakers turn their attention to campaigning for the November midterm elections.
Schumer made the remarks while a group of roughly two dozen protesters gathered outside of Bistro Bis, an effort to pressure Schumer into holding the vote on the tech legislation.
The protesters held signs that read “Stop Chuckin’ up to Big Tech!” and chanted, “Hold the vote!”
“This is a bipartisan priority,” said Jon Schweppe, director of policy and government affairs at the American Principles Project, a right-leaning group that advocates for antitrust reform.
“The fact is that by a lot of peoples’ estimations, the votes are there so it’s down to Chuck Schumer.”
The fundraiser for Schumer’s political action committee, held at a pivotal moment before the congressional August recess, had a suggested contribution of $2,500 or $5,000.
Attendees included lobbyists for Microsoft Corp., American Express. Co. and Procter & Gamble Co.
Representative Ken Buck, a Colorado Republican, made an appearance at the a happy hour for the protesters, which took place before the group moved to the front of Bistro Bis.
Schumer left the fundraiser after the protest dissipated.
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