Competitive Prices Act.

Lower hurdle for price-fixing lawsuits

If enacted, this bill would change antitrust pleading rules and legal definitions. It would say "antitrust laws" include the Sherman Act, the Clayton Act, and the Federal Trade Commission Act. It would define "parallel conduct" and list non‑exhaustive "plus factors" such as motive, departures from past pricing, exchanges of competitively sensitive information, unexplained price or output changes, chances to meet competitors, past collusion, signaling, and market conditions that favor coordination. At the pleading stage, a plaintiff would plausibly state a claim by alleging parallel conduct plus two or more plus factors. Plaintiffs would not have to plead direct evidence or exclude independent action at that stage. When opposing summary judgment, plaintiffs would need evidence creating a genuine factual dispute but would not have to show independent action is impossible or that the evidence weighs in their favor. The bill would also say it does not limit existing antitrust remedies.