Sponsors (2)
The bill strengthens antitrust coverage and makes it easier for buyers to obtain monetary relief for discrimination, but it also raises litigation risk and compliance costs for businesses — costs that could be passed to consumers — and creates uneven enforcement due to a large retail-sales threshold.
Consumers and small businesses gain broader antitrust protection because the law expands coverage to activities "affecting commerce" and explicitly includes services as well as products.
Buyers (consumers and small businesses) get stronger, easier remedies for unlawful discrimination: they are conclusively presumed injured and can recover the monetary equivalent of the discrimination, including additional damages for harm beyond the presumption.
Businesses (especially small firms and financial institutions) face greater litigation risk and potential liability because broader jurisdiction and definitions expand who can sue and what conduct is covered.
Middle-class families and other consumers may pay higher prices if businesses pass on increased compliance and litigation costs.
The $100 billion retail-sales threshold creates uneven enforcement: very large firms may face near-strict liability while smaller firms are subject only to liability for knowingly induced violations, producing asymmetric burdens and potential unfairness.
Based on analysis of 2 sections of legislative text.
Expands antitrust reach to products and services and activity affecting commerce; broadens who counts as a purchaser; adds a knowledge requirement for many sellers and presumes damages for discrimination victims.
Introduced April 2, 2026 by Marie Gluesenkamp Perez · Last progress April 2, 2026
Expands federal antitrust law to cover both products and services and to reach any activity that affects commerce, not just direct sales "in commerce." It broadens who counts as a "purchaser" to include anyone who pays or grants anything of value for a product or service, even if title or control isn't transferred. The bill narrows strict liability for many sellers by requiring knowing conduct for liability in certain inducement/benefit cases for persons with annual retail sales up to $100 billion. It also creates a conclusive presumption that a plaintiff unlawfully discriminated against has sustained injury and sets damages equal to the monetary value of the discrimination, with the option to recover additional related damages. These changes apply to transactions on or after enactment.