Competitive Prices Act.
Sponsored By: Representative Scanlon, Mary Gay [D-PA-5]
Introduced
Summary
Creates clear pleading and summary-judgment standards for antitrust cases about parallel conduct. This bill would set what plaintiffs must allege and what evidence courts must credit when claims rest on similar pricing or output behavior. It defines key terms like “parallel conduct,” who counts as a “person,” and a statutory list of nine “plus factors.”
Show full summary
- Consumers, state enforcers, and private plaintiffs would find it easier to survive early dismissal because a complaint need only allege parallel conduct plus two or more plus factors. At summary judgment plaintiffs could rely on direct or circumstantial evidence to show a genuine issue for trial.
- Businesses and executives would face a higher chance that price-coordination claims reach discovery and trial because courts must view evidence in the light most favorable to the nonmoving party. Plaintiffs do not have to plead direct evidence or exclude independent action.
- Courts and antitrust enforcers would use the bill’s defined terms and enumerated plus factors to guide both pleading and summary-judgment decisions. The bill also states that it does not limit existing antitrust remedies.
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 1 benefits, 0 costs, 0 mixed.
Easier antitrust lawsuits for plaintiffs
If enacted, the bill would let plaintiffs survive motions to dismiss by alleging parallel conduct and two or more "plus factors." Claimants would not need to plead direct evidence or facts excluding independent action. At summary judgment, claimants would oppose dismissal with direct or circumstantial evidence. Courts would construe evidence in favor of the nonmoving party and would not require proof excluding independent action. The bill would define "parallel conduct" and list illustrative "plus factors." It would apply to the United States, the FTC, State attorneys general, and private plaintiffs, and would take effect upon enactment.
Sponsors & CoSponsors
Sponsor
Scanlon, Mary Gay [D-PA-5]
PA • D
Cosponsors
Rep. Nadler, Jerrold [D-NY-12]
NY • D
Sponsored 4/30/2026
Rep. Balint, Becca [D-VT-At Large]
VT • D
Sponsored 5/12/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov