3.0.0 2782 2024-07-24T15:22:36Z 2024-07-24T15:22:36Z House H HR 2023-04-20 118 [Congressional Record Volume 169, Number 66 (Thursday, April 20, 2023)][House]From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Ms. PORTER:H.R. 2782.Congress has the power to enact this legislation pursuantto the following:Section 8 of Article I of the ConstitutionThe single subject of this legislation is:To specify the standards governing claims of consciouslyparallel pricing coordination in civil actions under theSherman Act, and to clarify the meaning of contract,combination in the form of trust or otherwise, or conspiracyunder the Sherman Act.[Page H1911]]]> hsju00 Judiciary Committee House Standing Referred to 2023-04-20T13:03:50Z 2023-04-20 Referred to the House Committee on the Judiciary. IntroReferral H11100 2 House floor actions hsju00 Judiciary Committee 2023-04-20 Introduced in House IntroReferral Intro-H 9 Library of Congress 2023-04-20 Introduced in House IntroReferral 1000 9 Library of Congress P000618 Rep. Porter, Katie [D-CA-47] Katie Porter D CA 47 N N000002 Rep. Nadler, Jerrold [D-NY-12] JERROLD NADLER D NY 12 2023-04-20 True C001084 Rep. Cicilline, David N. [D-RI-1] David Cicilline D RI N. 1 2023-04-20 True J000298 Rep. Jayapal, Pramila [D-WA-7] Pramila Jayapal D WA 7 2023-04-20 True Agriculture and Food Agriculture and Food 2023-05-01T19:00:23Z 00 2023-04-20 Introduced in House 2024-03-28T15:36:55Z Competitive Prices Act

This bill makes consciously parallel pricing coordination (i.e., a tacit agreement among two or more persons to raise, lower, change, maintain, or manipulate pricing for the purchase or sale of reasonably interchangeable products or services) a prohibited form of price fixing.

In a civil action for a claimed violation, the plaintiff may shift the burden of proof to the defendant by demonstrating that two or more persons (1) engaged in substantially similar conduct within a substantially similar time period with respect to the pricing of reasonably interchangeable products, and (2) had a similar motivation to coordinate their efforts to change or manipulate the pricing of those products or services.

The defendant may rebut such a presumption of a violation by demonstrating the action was motivated by business judgment that is economically rational in the absence of a tacit agreement, such as by showing the action was in response to, or in anticipation of, changing market conditions for the product or service.

If the defendant rebuts the presumption, the plaintiff must demonstrate by a preponderance of the evidence that the defendant entered a tacit agreement to change or manipulate the pricing for the product or service, such as by showing the business judgment of the defendant was not rational in the absence of such a tacit agreement.

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Competitive Prices Act Display Title 45 Competitive Prices Act 2024-07-24T15:22:36Z Short Title(s) as Introduced 101 Competitive Prices Act 2024-05-24T13:40:44Z Introduced in House IH Official Title as Introduced 6 To specify the standards governing claims of consciously parallel pricing coordination in civil actions under the Sherman Act, and to clarify the meaning of contract, combination in the form of trust or otherwise, or conspiracy under the Sherman Act. 2024-03-18T20:39:21Z Introduced in House IH Introduced in House 2023-04-20T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-118hr2782ih/xml/BILLS-118hr2782ih.xml 2023-04-20 Referred to the House Committee on the Judiciary. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.