Vote to adopt a conference report that allows a judge or jury in a civil case to consider whether a contract, combination, or conspiracy to curtail or eliminate price competition has occurred when there is "sufficient evidence" of such price fixing.
-Specifies that "sufficient evidence" includes evidence that a seller of goods or services (Sec. 3):
-received from a competitor a request or demand to take steps to engage in price fixing, and
-terminated the claimant as a buyer with the "major cause" being the aforementioned request or demand to engage in price fixing.
-Specifies that such "major cause" shall be determined to exist if there is evidence of the following (Sec. 3):
-the seller acquiesced to the request or demand to engage in price fixing, or
-the seller threatened or took actions to curtail or eliminate price competition by the claimant or other sellers in addition to the termination of the claimant as a buyer.