Bill > S1038

This bill proposes significant amendments to the Massachusetts Antitrust Act to strengthen protections for small businesses and workers by expanding legal definitions and enforcement mechanisms. The bill introduces new definitions for key economic terms like "monopoly power" (the ability to control prices or exclude competition), "monopsony" (a market with only one buyer), and "monopsony power" (an individual buyer's ability to influence demand and price). It removes previous limitations on what constitutes trade or commerce and adds comprehensive provisions that make it unlawful for businesses to establish or maintain monopolies or monopsonies that restrain competition. The bill significantly expands the legal framework for identifying and penalizing anti-competitive practices, providing detailed criteria for determining a firm's dominant market position, including market share thresholds and specific examples of abusive behaviors in both commercial and labor markets. Notably, the legislation increases potential penalties, with corporations facing fines up to $100 million and individuals facing fines up to $100,000 or imprisonment for up to one year for knowingly violating antitrust provisions. Additionally, the bill allows the attorney general and private litigants to recover reasonable fees and costs for expert witnesses if they prevail in antitrust actions, which could encourage more robust enforcement of anti-monopoly regulations.

Budget and Finance, Justice

https://malegislature.gov/Bills/194/S1038