Sponsors (5)
The bill strengthens buyers' ability to win compensation and expands antitrust coverage for modern commerce, but it raises litigation risk, liability exposure, and compliance costs that could lead to higher prices, chilled business activity, and greater strain on courts and taxpayers.
Purchasers (consumers and small buyers) can recover damages equal to their monetary harm without proving additional injury, making it easier and faster for harmed buyers to get compensation.
Consumers and small-business owners gain broader antitrust protection because the law clarifies "products or services" and expands coverage to "activity affecting commerce," bringing modern transactions and digital marketplaces within reach of antitrust claims.
Purchasers harmed by discriminatory pricing or services can receive additional damages beyond the presumption when warranted, allowing fuller compensation for real harms.
Small-business owners and many companies will face higher litigation risk and compliance costs because expanding coverage to "activity affecting commerce" draws more conduct into antitrust liability, which could raise consumer prices or reduce offerings.
Businesses and consumers may see increased lawsuits and higher liability exposure because the bill creates a conclusive presumption of injury, allowing liability even where actual harm is disputed.
Large retailers and their counterparties could be subject to strict liability for benefiting from violations (with limited knowledge defenses for very large entities), which may chill legitimate business practices and increase defensive behavior.
Based on analysis of 2 sections of legislative text.
Broadens Clayton Act coverage to products/services and activities affecting commerce, adds purchaser definitions, adjusts liability tied to a $100B retail-sales/knowledge element, and creates a conclusive damages presumption for price discrimination.
Introduced March 19, 2026 by Christopher Murphy · Last progress March 19, 2026
Rewrites parts of the Clayton Act to broaden its reach, update covered commerce, and strengthen remedies for private plaintiffs. It changes covered items from “goods, wares, or merchandise” to “products or services,” expands the jurisdictional language to include activities affecting commerce, adds definitions for “purchase” and “purchaser,” adjusts liability rules tied to an annual retail-sales threshold, and creates a conclusive presumption of injury and damages for plaintiffs who prove unlawful price discrimination. The changes apply to transactions occurring on or after enactment.