S 429 - Civil Actions Regarding Price-Fixing - National Key Vote

Stage Details

Title: Civil Actions Regarding Price-Fixing

Vote Smart's Synopsis:

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.

Highlights:

-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.

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