H.R. 9138 – Reading Mode

117th CONGRESS

2d Session

H. R. 9138

IN THE HOUSE OF REPRESENTATIVES

October 4, 2022

Ms. Newman (for herself 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.

Short title

This Act may be cited as the Main Street Competes Act.

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 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..

State of small businesses

Section 303(a) of the Small Business Economic Policy Act of 1980 (15 U.S.C. 631b(a)) is amended—

(1)

by striking not later than January 20 of each year;

(2)

by striking The President and inserting Not later than January 20, 2023, and not later than January 20 of each year thereafter, the President;

(3)

by amending paragraph (1) to read as follows:

(1)

present current and historical data on—

(A)

production, employment, investment, population, job creation and retention, annual business failures, annual business startups, and other economic variables for small business in the economy as a whole and for small business in each sector of the economy, with, to the extent practicable, specific statistics divided as to urban, suburban, and rural areas; and

(B)

the proportion small businesses comprise of each sector of the economy;

;

(4)

by striking paragraph (2);

(5)

by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively;

(6)

in paragraph (3), as so redesignated, by striking and at the end;

(7)

by redesignating paragraph (5) as paragraph (6); and

(8)

by inserting after paragraph (3), as so redesignated, the following new paragraphs:

(4)

examine—

(A)

how the enforcement of Federal antitrust laws and the regulations and guidelines promulgated under such laws affects the competitiveness of small businesses;

(B)

problems attributable to the enforcement, or lack of enforcement, of Federal antitrust laws; and

(C)

the extent to which the Federal antitrust laws deter anticompetitive conduct that harms small businesses including predatory pricing, anticompetitive vertical and horizontal mergers, price discrimination, and exclusionary conduct;

(5)

recommend legislative and administrative solutions to problems identified under paragraph (4); and

Report to Small Business Administration

Section 303 of the Small Business Economic Policy Act of 1980 (15 U.S.C. 631b) is amended by adding at the end the following new subsections:

(f)

Not later than 180 days after the end of fiscal year 2023 and each fiscal year thereafter, the head of each specified entity shall provide a report to the Office of Advocacy of the Small Business Administration on how enforcement by the specified entity of Federal antitrust laws promoted competition during the fiscal year preceding the report by deterring and remedying anticompetitive conduct that threatens small businesses, 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 threatens small businesses;

(2)

the number of complaints of alleged antitrust violations filed by small businesses with the specified entity during the preceding fiscal year disaggregated by category of the alleged antitrust violation, including 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 the preceding fiscal year; and

(4)

the number of inquiries, investigations, and enforcement actions undertaken by the specified entity during the preceding 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 threatens small businesses.

(g)

Not later than 60 days after receiving a report under subsection (f) from the head of each specified entity with respect to a fiscal year, the Chief Counsel for Advocacy of the Small Business Administration shall—

(1)

based on each such report with respect to such fiscal year, analyze the extent to which each specified entity promoted competition by deterring and remedying anticompetitive conduct described in subsection (f)(1) during such fiscal year; and

(2)

submit to the Administrator of the Small Business Administration—

(A)

each such report with respect to such fiscal year; and

(B)

a report on the findings of the analysis conducted under paragraph (1) based on the reports submitted under subsection (f) for such fiscal year.

(h)

Not later than 30 days after receiving each report required under subsection (g) with respect to a fiscal year, the Administrator of the Small Business Administration shall submit to the President and Congress, and make available on the public website of the Small Business Administration, such reports.

Definitions and reporting requirements

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 sections:

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)

Specified entity

The term specified entity means—

(A)

the Department of Justice; and

(B)

the Federal Trade Commission.

305.

Reporting Requirements

Section 3003(a)(1) of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note) does not apply with respect to section 303 of this Act.

Primary functions of the Office of Advocacy

Section 202 of the Act entitled To amend the Small Business Act and Small Business Investment Act of 1958 to provide additional assistance under such Acts, to create a pollution control financing program for small businesses, and for other purposes (Public Law 94–305; 15 U.S.C. 634b) is amended—

(1)

in paragraph (11), by striking and at the end;

(2)

in paragraph (12), by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following new paragraph:

(13)

evaluate the efforts of the Antitrust Division of the Department of Justice and the Federal Trade Commission to protect small businesses from conduct that impairs competition.