Competitive Prices Act.

Key Points

• This bill makes it easier for the government, state attorneys general, and everyday people to sue companies suspected of coordinating their prices. Right now, proving price-fixing often requires direct evidence like secret recordings or written agreements, which are extremely hard to get.
• The bill focuses on 'parallel conduct,' which is when companies in the same industry raise, lower, or stabilize prices in similar ways. This kind of behavior does not have to be identical to count -- it can vary in timing, method, and amount.
• Under the bill, a lawsuit can survive early dismissal if it alleges parallel conduct plus at least two 'plus factors' -- suspicious signs like sharing sensitive business information, departing from past pricing practices, or operating in a highly concentrated market.
• The bill removes the current requirement that plaintiffs must rule out the possibility that companies acted independently. Judges would no longer be able to throw out a case just because the defendant offers a believable innocent explanation.
• Plus factors listed in the bill include a wide range of suspicious circumstances, from companies exchanging competitively sensitive information to public signaling of pricing strategies and past collusive behavior.