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Bill > HB1371


PA HB1371

Establishing cause of action for antitrust conduct, for indirect purchaser recovery under State antitrust laws and for premerger notice of health care mergers and transactions; and imposing penalties.


summary

Introduced
05/01/2025
In Committee
05/01/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

Amending Title 12 (Commerce and Trade) of the Pennsylvania Consolidated Statutes, establishing cause of action for antitrust conduct, for indirect purchaser recovery under State antitrust laws and for premerger notice of health care mergers and transactions; and imposing penalties.

AI Summary

This bill establishes the "Pennsylvania Open Markets" chapter in Title 12 of the Pennsylvania Consolidated Statutes to promote free enterprise and trade by prohibiting anticompetitive practices. The legislation creates comprehensive antitrust regulations that allow the Attorney General to investigate and take action against entities engaged in activities that restrain trade, monopolize markets, or create anti-competitive mergers. Specifically, the bill requires health care facilities, health care systems, and provider organizations to provide premerger notifications to the Attorney General, giving the state the opportunity to review potential anticompetitive transactions. The bill introduces significant enforcement mechanisms, including the ability to seek declaratory judgments, injunctions, civil penalties up to $200 per day for non-compliance, and potential criminal penalties for knowingly violating antitrust laws, with fines up to $1,000,000 and potential imprisonment. Individuals and entities that suffer damages from anticompetitive practices can bring civil actions to recover treble damages, and the law allows for class action lawsuits. The bill also provides detailed definitions of key terms like "acquisition," "merger," and "health care services" and establishes a framework for cooperation between state agencies in antitrust enforcement. Notably, the legislation is designed to complement federal antitrust laws and can be applied to actions affecting interstate or foreign commerce.

Committee Categories

Justice

Sponsors (21)

Last Action

Referred to JUDICIARY (on 05/01/2025)

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