Fair Prices for Local Businesses Act

Key Points

• This bill strengthens the Clayton Act's prohibition on price discrimination by expanding its scope beyond physical goods to include services and digital products, and by broadening its reach to cover any activity affecting commerce, not just direct interstate commerce.
• The bill removes the "meeting competition" defense that currently allows sellers to justify giving lower prices to large buyers by claiming they were matching a competitor's offer. Without this escape hatch, it becomes much easier for small businesses to challenge unfair pricing.
• Small businesses that prove they were charged more than a larger competitor would automatically be presumed to have suffered financial harm equal to the price difference, making it far easier to win damages in court.
• Mega-retailers with over $100 billion in annual sales face a strict liability standard — they can be held responsible for receiving unfair discounts even without knowingly inducing the violation, while smaller buyers only face liability if they knowingly sought the unfair deal.
• The bill only applies to transactions that happen after it becomes law, meaning existing contracts and past deals would not be affected.