Bill > H1982

This bill proposes significant changes to the Massachusetts Antitrust Act to strengthen protections against monopolistic and anti-competitive practices. The bill introduces new definitions for key economic terms like "monopoly power" (the ability to control prices or exclude competition) and "monopsony" (a market condition with only one buyer). It removes previous language that excluded real property transactions from the definition of trade or commerce, thereby expanding the scope of antitrust regulations. The bill establishes that any contract or arrangement that creates or maintains a monopoly or restrains competition is unlawful, and creates more robust legal standards for identifying and penalizing dominant market positions. Businesses with 40% or more market share as a seller or 30% or more as a buyer are presumed to have a dominant position, and the bill provides detailed criteria for proving such dominance, including direct and indirect evidence. The legislation significantly increases potential penalties, with corporations facing fines up to $100 million and individuals potentially facing fines up to $100,000 or one year in prison for intentional violations. Additionally, the bill allows the Attorney General and private litigants to recover reasonable fees and expert witness costs if they prevail in antitrust actions, which could incentivize more aggressive enforcement of anti-monopoly regulations.

Justice

https://malegislature.gov/Bills/194/H1982