Bill > H5111

This bill strengthens the Massachusetts Antitrust Act by clarifying its scope and increasing penalties for violations. It removes the exclusion of real estate transactions from the definition of "trade or commerce" and explicitly includes employee recruitment and hiring within this definition, meaning these activities can now be subject to antitrust scrutiny. The bill also clarifies that the Act applies to conduct that occurs or has a competitive impact within Massachusetts, and places the burden of proof on those claiming lack of jurisdiction. Penalties for knowingly violating antitrust provisions are significantly increased, with fines up to $1 million for corporations and $100,000 for individuals, along with potential imprisonment for individuals. The Attorney General's investigative powers are enhanced, allowing for civil investigative demands similar to those used in consumer protection cases and expanding the scope of who can be compelled to provide information. Furthermore, the bill allows the Attorney General to bring civil actions on behalf of individuals and public entities to recover damages, including treble damages (up to three times the actual damages) and attorney's fees, and it clarifies that private parties injured by antitrust violations can also sue for actual damages, attorney's fees, and up to treble damages. Finally, the bill makes several technical amendments to improve the enforcement and procedural aspects of the Act.

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https://malegislature.gov/Bills/194/H5111