[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5424 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 5424
To amend the Small Business Economic Policy Act of 1980 to examine how
the competitiveness of small businesses is affected by the enforcement
of Federal antitrust laws, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 13, 2023
Ms. Scholten (for herself, Mr. Luetkemeyer, Ms. Velazquez, and Ms.
Tenney) introduced the following bill; which was referred to the
Committee on Small Business
_______________________________________________________________________
A BILL
To amend the Small Business Economic Policy Act of 1980 to examine how
the competitiveness of small businesses is affected by the enforcement
of Federal antitrust laws, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Main Street Competes Act''.
SEC. 2. CONGRESSIONAL DECLARATION OF SMALL BUSINESS ECONOMIC POLICY.
Section 302(a) of the Small Business Economic Policy Act of 1980
(15 U.S.C. 631a(a)) is amended--
(1) by striking ``and provide'' and inserting ``provide'';
and
(2) by striking the period at the end and inserting ``; and
promote competitive markets, consumer choice, and business
ownership through enforcement of Federal antitrust laws in the
case of anticompetitive conduct that harms small businesses and
the growth of small businesses.''.
SEC. 3. STATE OF SMALL BUSINESSES.
(a) In General.--Section 303 of the Small Business Economic Policy
Act of 1980 (15 U.S.C. 631b) is amended to read as follows:
``SEC. 303. REPORT ON THE STATE OF SMALL BUSINESS CONCERNS.
``(a) Specified Entity Report.--Not later than 180 days after the
end of fiscal year 2023 and each fiscal year thereafter, the head of
each specified entity shall submit to the Chief Counsel for Advocacy of
the Office of Advocacy of the Small Business Administration a report
including--
``(1) an analysis of how enforcement by the specified
entity of Federal antitrust laws promoted competition during
the preceding fiscal year by deterring and remedying
anticompetitive conduct that harms small businesses and the
growth of small businesses;
``(2) the number of complaints of alleged antitrust
violations filed by small businesses with the specified entity
during such fiscal year, disaggregated by category of the
alleged antitrust violation, type of offense, and the specific
Federal antitrust laws allegedly violated;
``(3) the number of inquiries, investigations, and
enforcement actions undertaken by the specified entity in
response to complaints filed by small businesses with the
specified entity during such fiscal year; and
``(4) the number of inquiries, investigations, and
enforcement actions undertaken by the specified entity during
such fiscal year pursuant to an alleged antitrust violation,
opened for a reason other than described in paragraph (3), to
deter and remedy anticompetitive conduct that harms small
businesses and the growth of small businesses.
``(b) Office of Advocacy Report.--Not later than 180 days after
receipt of the report required by subsection (a), the Chief Counsel for
Advocacy shall submit to the Committee on Small Business of the House
of Representatives and the Committee on Small Business and
Entrepreneurship of Senate a report that includes--
``(1) a summary of the report submitted under subsection
(a);
``(2) an analysis of the data in such report, disaggregated
by industry category;
``(3) an evaluation of the issues identified in such report
relating to--
``(A) anticompetitive conduct that harmed small
businesses and the growth of small businesses; and
``(B) administrative actions that promoted
competition and growth of small businesses;
``(4) as appropriate, recommendations for administrative
actions that could--
``(A) promote competition;
``(B) deter anticompetitive conduct that harmed
small business and the growth of small businesses; and
``(C) remedy such anticompetitive conduct; and
``(5) as appropriate, recommendations for legislative
actions that could--
``(A) promote competition;
``(B) deter anticompetitive conduct that harmed
small business and the growth of small businesses; and
``(C) remedy such anticompetitive conduct.''.
(b) Definitions.--The Small Business Economic Policy Act of 1980
(Public Law 96-302; 94 Stat. 848; 15 U.S.C. 631a et seq.) is amended by
adding at the end the following new section:
``SEC. 304. DEFINITIONS.
``In this title:
``(1) Antitrust violation.--The term `antitrust violation'
means any violation of Federal antitrust laws.
``(2) Federal antitrust laws.--The term `Federal antitrust
laws' has the meaning given the term `antitrust laws' in
subsection (a) of the first section of the Clayton Act (15
U.S.C. 12(a)), except that such term shall also include section
5 of the Federal Trade Commission Act (15 U.S.C. 45) to the
extent that such section 5 applies to unfair methods of
competition.
``(3) Small business.--The term `small business' has the
meaning given `small business concern' under section 3 of the
Small Business Act (15 U.S.C. 632).
``(4) Specified entity.--The term `specified entity'
means--
``(A) the Department of Justice; and
``(B) the Federal Trade Commission.''.
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