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Union Calendar No. 181 

118TH CONGRESS 

1ST SESSION H. R. 5424 

[Report No. 118–222] 

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 

SEPTEMBER 26, 2023 

Reported from the Committee on Small Business; committed to the Committee 

of the Whole House on the State of the Union and ordered to be printed 


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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. 


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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’’. 

6 SEC. 2. CONGRESSIONAL DECLARATION OF SMALL BUSI7 NESS ECONOMIC POLICY. 

8 Section 302(a) of the Small Business Economic Pol9 icy Act of 1980 (15 U.S.C. 631a(a)) is amended— 

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

11 ‘‘provide’’; and 

12 (2) by striking the period at the end and insert13 ing ‘‘; and promote competitive markets, consumer 

14 choice, and business ownership through enforcement 

15 of Federal antitrust laws in the case of anticompeti16 tive conduct that harms small businesses and the 

17 growth of small businesses.’’. 

18 SEC. 3. STATE OF SMALL BUSINESSES. 

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

20 Economic Policy Act of 1980 (15 U.S.C. 631b) is amend21 ed to read as follows: 

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

23 CONCERNS. 

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

25 180 days after the end of fiscal year 2023 and each fiscal 


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1 year thereafter, the head of each specified entity shall sub2 mit to the Chief Counsel for Advocacy of the Office of 

3 Advocacy of the Small Business Administration a report 

4 including— 

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

6 specified entity of Federal antitrust laws promoted 

7 competition during the preceding fiscal year by de8 terring and remedying anticompetitive conduct that 

9 harms small businesses and the growth of small 

10 businesses; 

11 ‘‘(2) the number of complaints of alleged anti12 trust violations filed by small businesses with the 

13 specified entity during such fiscal year, 

14 disaggregated by category of the alleged antitrust 

15 violation, type of offense, and the specific Federal 

16 antitrust laws allegedly violated; 

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

18 and enforcement actions undertaken by the specified 

19 entity in response to complaints filed by small busi20 nesses with the specified entity during such fiscal 

21 year; and 

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

23 and enforcement actions undertaken by the specified 

24 entity during such fiscal year pursuant to an alleged 

25 antitrust violation, opened for a reason other than 


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

2 anticompetitive conduct that harms small businesses 

3 and the growth of small businesses. 

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

5 180 days after receipt of the report required by subsection 

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

7 Committee on Small Business of the House of Representa8 tives and the Committee on Small Business and Entrepre9 neurship of Senate a report that includes— 

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

11 subsection (a); 

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

13 disaggregated by industry category; 

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

15 such report relating to— 

16 ‘‘(A) anticompetitive conduct that harmed 

17 small businesses and the growth of small busi18 nesses; and 

19 ‘‘(B) administrative actions that promoted 

20 competition and growth of small businesses; 

21 ‘‘(4) as appropriate, recommendations for ad22 ministrative actions that could— 

23 ‘‘(A) promote competition; 


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1 ‘‘(B) deter anticompetitive conduct that 

2 harmed small business and the growth of small 

3 businesses; and 

4 ‘‘(C) remedy such anticompetitive conduct; 

5 and 

6 ‘‘(5) as appropriate, recommendations for legis7 lative actions that could— 

8 ‘‘(A) promote competition; 

9 ‘‘(B) deter anticompetitive conduct that 

10 harmed small business and the growth of small 

11 businesses; and 

12 ‘‘(C) remedy such anticompetitive con13 duct.’’. 

14 (b) DEFINITIONS.—The Small Business Economic 

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

16 15 U.S.C. 631a et seq.) is amended by adding at the end 

17 the following new section: 

18 ‘‘SEC. 304. DEFINITIONS. 

19 ‘‘In this title: 

20 ‘‘(1) ANTITRUST VIOLATION.—The term ‘anti21 trust violation’ means any violation of Federal anti22 trust laws. 

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

24 ‘Federal antitrust laws’ has the meaning given the 

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


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

2 that such term shall also include section 5 of the 

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

4 the extent that such section 5 applies to unfair 

5 methods of competition. 

6 ‘‘(3) SMALL BUSINESS.—The term ‘small busi7 ness’ has the meaning given ‘small business concern’ 

8 under section 3 of the Small Business Act (15 

9 U.S.C. 632). 

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

11 entity’ means— 

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

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


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Union Calendar No. 181 

118TH CONGRESS 

1ST SESSION H. R. 5424 

[Report No. 118–222] 

A BILL 

To amend the Small Business Economic Policy Act 

of Federal antitrust laws, and for other purposes. small businesses is affected by the enforcement of 1980 to examine how the competitiveness of 

SEPTEMBER 26, 2023 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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