S1038 — An Act relative to the protection of small businesses and workers

Summary

An Act relative to the protection of small businesses and workers

Bill Text

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The bill amends Chapter 93 of the General Laws to include definitions related to monopoly and monopsony, strike outdated definitions, clarify unlawful business practices, and enhance penalties for violations.

• Chapter 93, Section 2

  "Monopoly power", the power to control prices or exclude competition. A firm has monopoly power if the firm is able to profitably raise prices substantially above the competitive level for a significant period of time. A firm also has monopoly power if the firm can exclude competitors.

  Introduces a new definition for monopoly power.

• Chapter 93, Section 2

  "Monopsony", a market condition where only one buyer exists.

  Introduces a new definition for monopsony.

• Chapter 93, Section 2

  "Monopsony power", where an individual buyer is able to influence demand and price for a good or service.

  Introduces a new definition for monopsony power.

• Chapter 93, Section 2

  the definition of “New England”

  Removes the definition of 'New England' from the statute.

• Chapter 93, Section 2

  ; provided, however, that trade or commerce shall not include the conveyance, transfer or use of real property

  Removes the restriction on what constitutes trade or commerce.

• Chapter 93, Section 4

  Every contract, agreement, arrangement or combination shall be against public policy and unlawful if: (i) it establishes or maintains a monopoly or monopsony in the conduct of any business, trade or commerce or in the furnishing of any service in the commonwealth; (ii) it restrains or may restrain competition or the free exercise of any activity in the conduct of any business, trade or commerce or in the furnishing of any service in the commonwealth; or (iii) it restrains or may restrain, for the purpose of establishing or maintaining a monopoly or monopsony or unlawfully interfering with the free exercise of any activity in the conduct of any business, trade or commerce or in the furnishing of any service.

  Clarifies that contracts creating or maintaining monopolies or monopsonies are unlawful.

• Chapter 93, Section 5

  section 5, as so appearing → Section 5. (a) It shall be unlawful for any person or persons to monopolize or monopsonize, or attempt to monopolize or monopsonize, or combine or conspire with any other person or persons to monopolize or monopsonize any business, trade or commerce or the furnishing of any service in the commonwealth.

  Replaces former section 5 to update prohibitions against monopolizing practices.

• Chapter 93, Section 10

  the first paragraph → Any person who knowingly violates sections 4 or 5 with specific intent to injure any person, or knowingly aids or participates in such violation with specific intent to injure any person, is guilty of a felony, and on conviction thereof, shall be punished by a fine not exceeding $100,000,000 if a corporation, or, if any other person, by a fine not exceeding $100,000 or by imprisonment not exceeding 1 year, or both.

  Increases penalties for knowingly violating monopoly laws.

• Chapter 93, Section 13A

  In any action alleging a violation of a provision of this Act, the attorney general and private litigants shall recover reasonable fees and costs for its expert witnesses and consultants if the attorney general or private litigants prevail in such action.

  Allows recovery of expert witness fees for prevailing parties in violation actions.

Sponsors

• William N. Brownsberger · Primary

Subjects