Fair Competition for Small Business Act of 2025
Rep. Waters Introduces Fair Competition for Small Business Act to Target Price Discrimination
To amend the Clayton Act to permit a State attorney general to bring a civil action for damages as parens patriae for injuries sustained by reason of price discrimination in violation of the Robinson-Patman Act amendments to the Clayton Act, and for other purposes.
Stalled
No legislative action in over 90 days.
↔Companion bill: Congress considers letting states seek money damages over illegal price discrimination that can hurt small businessesLegislative Progress
Key Points
- This bill, introduced by Waters, would give state attorneys general the power to sue companies that charge different prices to different businesses for the same products. This practice, called price discrimination, often gives big chain stores an unfair advantage over local shops.
- Currently, state officials can only sue for certain illegal business practices, like monopolies. This change would allow them to take legal action specifically when price discrimination hurts people or small businesses in their state.
- The goal is to help small businesses compete fairly. When large retailers get secret discounts that small shops can't get, the smaller stores often have to raise prices or go out of business, which leaves shoppers with fewer choices.
- If a state wins a lawsuit, the money could be used to pay back the people or businesses harmed by the unfair pricing. This allows regular citizens to get justice through their state government instead of having to pay for their own expensive legal battles.
Impact Analysis
Personal Impact
This bill would give state attorneys general a new tool to fight price discrimination on behalf of small businesses. When large suppliers offer big chains secret discounts that small shops can't get, it puts smaller stores at a serious disadvantage. If passed, state AGs could sue on behalf of harmed small businesses and potentially recover damages, making it easier for small retailers and independent stores to compete on a more level playing field.
Milestones
Referred to the House Committee on the Judiciary.
Introduced in House
The bill was officially filed and given a number. It now enters the legislative queue.
Votes
No votes have been recorded for this legislation yet.
Related News
2 articles
Is the Robinson-Patman Act Here to Stay?
In December 2025, Cory Booker and Maxine Waters introduced the Fair Competition for Small Business Act of 2025, which would expand the authority of state attorneys general to seek damages for violations of the Robinson-Patman Act amidst renewed political attention to price discrimination.
Supermarket Shaping
This analysis discusses the history of the Robinson-Patman Act and the recent push by anti-monopoly advocates to revive its enforcement. It highlights the legal gap where small grocers cannot afford private suits, setting the stage for legislation to empower state-level enforcement.
Source Information
Document Type
Congressional Bill
Official Title
To amend the Clayton Act to permit a State attorney general to bring a civil action for damages as parens patriae for injuries sustained by reason of price discrimination in violation of the Robinson-Patman Act amendments to the Clayton Act, and for other purposes.
Data Sources
Sponsor
Cosponsors
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