I 

118TH CONGRESS 

1ST SESSION H. R. 5424 

To amend the Small Business Economic Policy Act of 1980 to examine 

how the competitiveness of small businesses is affected by the enforcement of Federal antitrust laws, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 13, 2023 

Ms. SCHOLTEN (for herself, Mr. LUETKEMEYER, Ms. VELA ́ZQUEZ, and Ms. 

TENNEY) introduced the following bill; which was referred to the Committee on Small Business 

A BILL 

To amend the Small Business Economic Policy Act of 1980 

to examine how the competitiveness of small businesses 

is affected by the enforcement of Federal antitrust laws, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Main Street Competes 

5 Act’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HR 5424 IH

1 SEC. 2. CONGRESSIONAL DECLARATION OF SMALL BUSI2 NESS ECONOMIC POLICY. 

3 Section 302(a) of the Small Business Economic Pol4 icy Act of 1980 (15 U.S.C. 631a(a)) is amended— 

5 (1) by striking ‘‘and provide’’ and inserting 

6 ‘‘provide’’; and 

7 (2) by striking the period at the end and insert8 ing ‘‘; and promote competitive markets, consumer 

9 choice, and business ownership through enforcement 

10 of Federal antitrust laws in the case of anticompeti11 tive conduct that harms small businesses and the 

12 growth of small businesses.’’. 

13 SEC. 3. STATE OF SMALL BUSINESSES. 

14 (a) IN GENERAL.—Section 303 of the Small Business 

15 Economic Policy Act of 1980 (15 U.S.C. 631b) is amend16 ed to read as follows: 

17 ‘‘SEC. 303. REPORT ON THE STATE OF SMALL BUSINESS 

18 CONCERNS. 

19 ‘‘(a) SPECIFIED ENTITY REPORT.—Not later than 

20 180 days after the end of fiscal year 2023 and each fiscal 

21 year thereafter, the head of each specified entity shall sub22 mit to the Chief Counsel for Advocacy of the Office of 

23 Advocacy of the Small Business Administration a report 

24 including— 

25 ‘‘(1) an analysis of how enforcement by the 

26 specified entity of Federal antitrust laws promoted 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•HR 5424 IH

1 competition during the preceding fiscal year by de2 terring and remedying anticompetitive conduct that 

3 harms small businesses and the growth of small 

4 businesses; 

5 ‘‘(2) the number of complaints of alleged anti6 trust violations filed by small businesses with the 

7 specified entity during such fiscal year, 

8 disaggregated by category of the alleged antitrust 

9 violation, type of offense, and the specific Federal 

10 antitrust laws allegedly violated; 

11 ‘‘(3) the number of inquiries, investigations, 

12 and enforcement actions undertaken by the specified 

13 entity in response to complaints filed by small busi14 nesses with the specified entity during such fiscal 

15 year; and 

16 ‘‘(4) the number of inquiries, investigations, 

17 and enforcement actions undertaken by the specified 

18 entity during such fiscal year pursuant to an alleged 

19 antitrust violation, opened for a reason other than 

20 described in paragraph (3), to deter and remedy 

21 anticompetitive conduct that harms small businesses 

22 and the growth of small businesses. 

23 ‘‘(b) OFFICE OF ADVOCACY REPORT.—Not later than 

24 180 days after receipt of the report required by subsection 

25 (a), the Chief Counsel for Advocacy shall submit to the 


pbinns on DSKJLVW7X2PROD with $$_JOB
4 

•HR 5424 IH

1 Committee on Small Business of the House of Representa2 tives and the Committee on Small Business and Entrepre3 neurship of Senate a report that includes— 

4 ‘‘(1) a summary of the report submitted under 

5 subsection (a); 

6 ‘‘(2) an analysis of the data in such report, 

7 disaggregated by industry category; 

8 ‘‘(3) an evaluation of the issues identified in 

9 such report relating to— 

10 ‘‘(A) anticompetitive conduct that harmed 

11 small businesses and the growth of small busi12 nesses; and 

13 ‘‘(B) administrative actions that promoted 

14 competition and growth of small businesses; 

15 ‘‘(4) as appropriate, recommendations for ad16 ministrative actions that could— 

17 ‘‘(A) promote competition; 

18 ‘‘(B) deter anticompetitive conduct that 

19 harmed small business and the growth of small 

20 businesses; and 

21 ‘‘(C) remedy such anticompetitive conduct; 

22 and 

23 ‘‘(5) as appropriate, recommendations for legis24 lative actions that could— 

25 ‘‘(A) promote competition; 


pbinns on DSKJLVW7X2PROD with $$_JOB
5 

•HR 5424 IH

1 ‘‘(B) deter anticompetitive conduct that 

2 harmed small business and the growth of small 

3 businesses; and 

4 ‘‘(C) remedy such anticompetitive con5 duct.’’. 

6 (b) DEFINITIONS.—The Small Business Economic 

7 Policy Act of 1980 (Public Law 96–302; 94 Stat. 848; 

8 15 U.S.C. 631a et seq.) is amended by adding at the end 

9 the following new section: 

10 ‘‘SEC. 304. DEFINITIONS. 

11 ‘‘In this title: 

12 ‘‘(1) ANTITRUST VIOLATION.—The term ‘anti13 trust violation’ means any violation of Federal anti14 trust laws. 

15 ‘‘(2) FEDERAL ANTITRUST LAWS.—The term 

16 ‘Federal antitrust laws’ has the meaning given the 

17 term ‘antitrust laws’ in subsection (a) of the first 

18 section of the Clayton Act (15 U.S.C. 12(a)), except 

19 that such term shall also include section 5 of the 

20 Federal Trade Commission Act (15 U.S.C. 45) to 

21 the extent that such section 5 applies to unfair 

22 methods of competition. 

23 ‘‘(3) SMALL BUSINESS.—The term ‘small busi24 ness’ has the meaning given ‘small business concern’ 


pbinns on DSKJLVW7X2PROD with $$_JOB
6 

•HR 5424 IH

1 under section 3 of the Small Business Act (15 

2 U.S.C. 632). 

3 ‘‘(4) SPECIFIED ENTITY.—The term ‘specified 

4 entity’ means— 

5 ‘‘(A) the Department of Justice; and 

6 ‘‘(B) the Federal Trade Commission.’’. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB