Fair Prices for Local Businesses Act
Sponsored By: Senator Murphy, Christopher [D-CT]
Introduced
Summary
This bill would expand the federal ban on price discrimination by amending the Clayton Act to cover more products, services, and any activity that affects interstate commerce. It would also tighten seller defenses and strengthen private damages for harmed buyers and businesses.
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- Sellers would face tighter rules. The bill removes a common rebuttal that let sellers justify price differences by showing they met a competitor's price or that a competitor furnished services or facilities.
- Buyers and intermediaries could be directly liable if they induce or receive discriminatory pricing. The bill adds clear definitions of "purchase" and "purchaser" to capture payments or grants of value for products or services.
- Enforcement and remedies would become stronger for plaintiffs. Courts would conclusively presume damages equal to the unlawful discrimination, and the law makes inducement or receipt of discrimination a per se violation while limiting strict per se liability for entities with annual retail sales under $100 billion unless they knowingly benefited.
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 0 benefits, 0 costs, 2 mixed.
Fair pricing rules for businesses and buyers
If enacted, the bill would broaden the ban on unfair price differences to cover acts “in commerce or in any activity affecting commerce.” It would replace words like “goods” or “commodities” with “products or services,” add service pricing and functional discounts to the rules, and define “purchase” and “purchaser” more broadly. The bill would also make people who induce or receive money from discriminatory pricing potentially liable and remove a seller’s prior rebuttal defense. For persons with annual retail sales not over $100 billion, liability would apply only if they knowingly induced or received the benefit. These changes would apply to transactions on or after the law’s enactment.
Presumed damages for price discrimination
If enacted, the bill would say that in a price-discrimination lawsuit a plaintiff would be conclusively presumed to have lost the monetary amount of the unlawful discrimination once a violation is shown. Plaintiffs could still prove and recover additional damages beyond that presumed amount. This damages rule would apply in suits about Section 2 violations for transactions on or after the law takes effect.
Sponsors & CoSponsors
Sponsor
Murphy, Christopher [D-CT]
CT • D
Cosponsors
Peter Welch
VT • D
Sponsored 3/19/2026
Sen. Gallego, Ruben [D-AZ]
AZ • D
Sponsored 3/19/2026
Sen. Fetterman, John [D-PA]
PA • D
Sponsored 3/19/2026
Sen. Blumenthal, Richard [D-CT]
CT • D
Sponsored 3/19/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov