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Competitive Prices Act

USA118th CongressHR-2782| House 
| Updated: 4/20/2023
Katie Porter

Katie Porter

Democratic Representative

California

Cosponsors (3)
David N. Cicilline (Democratic)Jerrold Nadler (Democratic)Pramila Jayapal (Democratic)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
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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Timeline

Bill from Previous Congress

HR 117-8777
Competitive Prices Act
Apr 20, 2023
Introduced in House
Apr 20, 2023
Referred to the House Committee on the Judiciary.
  • Bill from Previous Congress

    HR 117-8777
    Competitive Prices Act


  • April 20, 2023
    Introduced in House


  • April 20, 2023
    Referred to the House Committee on the Judiciary.

Agriculture and Food

Competitive Prices Act

USA118th CongressHR-2782| House 
| Updated: 4/20/2023
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.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

HR 117-8777
Competitive Prices Act
Apr 20, 2023
Introduced in House
Apr 20, 2023
Referred to the House Committee on the Judiciary.
  • Bill from Previous Congress

    HR 117-8777
    Competitive Prices Act


  • April 20, 2023
    Introduced in House


  • April 20, 2023
    Referred to the House Committee on the Judiciary.
Katie Porter

Katie Porter

Democratic Representative

California

Cosponsors (3)
David N. Cicilline (Democratic)Jerrold Nadler (Democratic)Pramila Jayapal (Democratic)

Judiciary Committee

Agriculture and Food

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted