An Act relative to the protection of small businesses and workers
By Mr. Brownsberger, a petition (accompanied by bill, Senate, No. 1038) of William N. Brownsberger for legislation further regulating the Massachusetts Antitrust Act. The Judiciary.
Bill Information
Bill Information
- Presenter:
- William N. Brownsberger
- Status:
- Referred to Senate Committee on Ways and Means
This bill would expand the authority of the Attorney General to enforce the Massachusetts Antitrust Act (Massachusetts General Laws, Chapter 93). The bill would also expand the scope of anticompetitive practices covered by the Massachusetts Antitrust Act and allow individuals to take legal action against violators.
Current Massachusetts law restricts the jurisdiction of the Massachusetts Attorney General to only prosecute violations of the Massachusetts Antitrust Act if the conduct took place or primarily and predominantly affected persons in Massachusetts and New England (Connecticut, Maine, New Hampshire, Rhode Island and Vermont). This bill would remove that restriction, giving the Attorney General more flexibility to prosecute violations of the Massachusetts Antitrust Act involving conduct or persons in states outside of New England.
The bill would amend the Antitrust Act to prohibit businesses controlling at least 30% of the market for a given product or service to engage in “monopoly power” (the power to control prices and exclude competition) and monopsony power (an individual buyer’s power to influence demand or prices). The bill provides that any corporation controlling at least 30% of a given market found guilty of engaging or participating in abuse of their dominant position with the intent to injure any person would be fined up to $100,000,000. Any individual found guilty of engaging or participating in the same would be fined up to $100,000, imprisoned for not more than 1 year, or both.
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