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119-hr-8184119th CongressWALLET

Fair Prices for Local Businesses Act

Sponsored By: Representative Perez, Marie Gluesenkamp [D-WA-3]

Introduced

Summary

Expanded prohibition on price discrimination would broaden the Clayton Act to cover both products and services and to reach more commercial activity. The bill would add new definitions and liability rules, and make it easier for injured buyers to claim damages.

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  • Sellers and service providers: Firms that set different prices for different buyers would face broader liability because the law would cover "products or services" and any "activity affecting commerce." The bill also defines "purchase" and "purchaser" to include paying or granting value even when title does not pass.
  • Buyers and local businesses: Plaintiffs in price-discrimination suits would be conclusively presumed to have suffered damages equal to the monetary amount at issue, and they could seek additional damages beyond that presumption.
  • Enforcement and thresholds: The bill creates a new offense for anyone who induces or receives the benefits of discriminatory pricing and sets a $100 billion annual retail-sales threshold that limits enhanced liability to knowingly induced or received violations for entities at or below that level.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 1 benefits, 1 costs, 2 mixed.

Liability for benefiting from unfair pricing

This bill would make any person who induces or receives the benefit of unlawful price discrimination liable. For persons with annual retail sales of $100 billion or less, liability would require that they knowingly induced or knowingly received the benefit. For persons with annual retail sales above $100 billion, liability would apply without a knowledge requirement. Changes would apply to transactions on or after the date of enactment.

New price rules for businesses and buyers

This bill would expand the ban on price discrimination to cover products and services, including service activities. It would replace phrases like "in commerce" with "in commerce or in any activity affecting commerce." It would add definitions for "purchase" and "purchaser," recognize functional discounts, and remove a seller's price-matching defense. Changes would apply to transactions on or after the date of enactment.

Presumed damages for price discrimination

This bill would let a plaintiff who proves they were unlawfully charged different prices be conclusively presumed injured. Damages would equal the monetary amount or equivalent of the unlawful discrimination. Plaintiffs could also seek additional money if they suffered other losses because of the discrimination. Changes would apply to transactions on or after the date of enactment.

Only applies to future transactions

This bill would apply only to transactions occurring on or after the date of enactment. It would not make the new definitions, liability rules, or damages presumption retroactive to past transactions.

Sponsors & CoSponsors

Sponsor

Perez, Marie Gluesenkamp [D-WA-3]

WA • D

Cosponsors

  • Rep. Riley, Josh [D-NY-19]

    NY • D

    Sponsored 4/2/2026

Roll Call Votes

No roll call votes available for this bill.

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