I 
117TH CONGRESS 
2D SESSION 
H. R. 9138 
To amend the Small Business Economic Policy Act of 1980 to examine 
how the competitiveness of small businesses is affected by the enforce-
ment of Federal antitrust laws, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 4, 2022 
Ms. NEWMAN (for herself 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Main Street Competes 
Act’’. 
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SEC. 2. CONGRESSIONAL DECLARATION OF SMALL BUSI-
NESS ECONOMIC POLICY. 
Section 302(a) of the Small Business Economic Pol-
icy Act of 1980 (15 U.S.C. 631a(a)) is amended— 
(1) by striking ‘‘and provide’’ and inserting 
‘‘provide’’; and 
(2) by striking the period and inserting ‘‘; and 
promote competitive markets, consumer choice, and 
business ownership through enforcement of Federal 
antitrust laws in the case of anticompetitive conduct 
that harms small businesses and the growth of small 
businesses.’’. 
SEC. 3. STATE OF SMALL BUSINESSES. 
Section 303(a) of the Small Business Economic Pol-
icy Act of 1980 (15 U.S.C. 631b(a)) is amended— 
(1) by striking ‘‘not later than January 20 of 
each year’’; 
(2) by striking ‘‘The President’’ and inserting 
‘‘Not later than January 20, 2023, and not later 
than January 20 of each year thereafter, the Presi-
dent’’; 
(3) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) present current and historical data on— 
‘‘(A) production, employment, investment, 
population, job creation and retention, annual 
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business failures, annual business startups, and 
other economic variables for small business in 
the economy as a whole and for small business 
in each sector of the economy, with, to the ex-
tent practicable, specific statistics divided as to 
urban, suburban, and rural areas; and 
‘‘(B) the proportion small businesses com-
prise of each sector of the economy;’’; 
(4) by striking paragraph (2); 
(5) by redesignating paragraphs (3) and (4) as 
paragraphs (2) and (3), respectively; 
(6) in paragraph (3), as so redesignated, by 
striking ‘‘and’’ at the end; 
(7) by redesignating paragraph (5) as para-
graph (6); and 
(8) by inserting after paragraph (3), as so re-
designated, the following new paragraphs: 
‘‘(4) examine— 
‘‘(A) how the enforcement of Federal anti-
trust laws and the regulations and guidelines 
promulgated under such laws affects the com-
petitiveness of small businesses; 
‘‘(B) problems attributable to the enforce-
ment, or lack of enforcement, of Federal anti-
trust laws; and 
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‘‘(C) the extent to which the Federal anti-
trust laws deter anticompetitive conduct that 
harms small businesses including predatory 
pricing, anticompetitive vertical and horizontal 
mergers, price discrimination, and exclusionary 
conduct; 
‘‘(5) recommend legislative and administrative 
solutions to problems identified under paragraph 
(4); and’’. 
SEC. 4. REPORT TO SMALL BUSINESS ADMINISTRATION. 
Section 303 of the Small Business Economic Policy 
Act of 1980 (15 U.S.C. 631b) is amended by adding at 
the end the following new subsections: 
‘‘(f) Not later than 180 days after the end of fiscal 
year 2023 and each fiscal year thereafter, the head of each 
specified entity shall provide a report to the Office of Ad-
vocacy of the Small Business Administration on how en-
forcement by the specified entity of Federal antitrust laws 
promoted competition during the fiscal year preceding the 
report by deterring and remedying anticompetitive con-
duct that threatens small businesses, including— 
‘‘(1) an analysis of how enforcement by the 
specified entity of Federal antitrust laws promoted 
competition during the preceding fiscal year by de-
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terring and remedying anticompetitive conduct that 
threatens small businesses; 
‘‘(2) the number of complaints of alleged anti-
trust violations filed by small businesses with the 
specified entity during the preceding fiscal year 
disaggregated by category of the alleged antitrust 
violation, including type of offense and the specific 
Federal antitrust laws allegedly violated; 
‘‘(3) the number of inquiries, investigations, 
and enforcement actions undertaken by the specified 
entity in response to complaints filed by small busi-
nesses with the specified entity during the preceding 
fiscal year; and 
‘‘(4) the number of inquiries, investigations, 
and enforcement actions undertaken by the specified 
entity during the preceding fiscal year pursuant to 
an alleged antitrust violation, opened for a reason 
other than described in paragraph (3), to deter and 
remedy anticompetitive conduct that threatens small 
businesses. 
‘‘(g) Not later than 60 days after receiving a report 
under subsection (f) from the head of each specified entity 
with respect to a fiscal year, the Chief Counsel for Advo-
cacy of the Small Business Administration shall— 
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‘‘(1) based on each such report with respect to 
such fiscal year, analyze the extent to which each 
specified entity promoted competition by deterring 
and remedying anticompetitive conduct described in 
subsection (f)(1) during such fiscal year; and 
‘‘(2) submit to the Administrator of the Small 
Business Administration— 
‘‘(A) each such report with respect to such 
fiscal year; and 
‘‘(B) a report on the findings of the anal-
ysis conducted under paragraph (1) based on 
the reports submitted under subsection (f) for 
such fiscal year. 
‘‘(h) Not later than 30 days after receiving each re-
port required under subsection (g) with respect to a fiscal 
year, the Administrator of the Small Business Administra-
tion shall submit to the President and Congress, and make 
available on the public website of the Small Business Ad-
ministration, such reports.’’. 
SEC. 5. DEFINITIONS AND REPORTING REQUIREMENTS. 
The Small Business Economic Policy Act of 1980 
(Public Law 96–302; 94 Stat. 848; 15 U.S.C. 631a et 
seq.) is amended by adding at the end the following new 
sections: 
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‘‘SEC. 304. DEFINITIONS. 
‘‘In this title: 
‘‘(1) ANTITRUST VIOLATION.—The term ‘anti-
trust violation’ means any violation of Federal anti-
trust laws. 
‘‘(2) FEDERAL
ANTITRUST
LAWS.—The term 
‘Federal antitrust laws’ has the meaning given the 
term ‘antitrust laws’ in subsection (a) of the first 
section of the Clayton Act (15 U.S.C. 12(a)), except 
that such term shall also include section 5 of the 
Federal Trade Commission Act (15 U.S.C. 45) to 
the extent that such section 5 applies to unfair 
methods of competition. 
‘‘(3) SPECIFIED ENTITY.—The term ‘specified 
entity’ means— 
‘‘(A) the Department of Justice; and 
‘‘(B) the Federal Trade Commission. 
‘‘SEC. 305. REPORTING REQUIREMENTS. 
‘‘Section 3003(a)(1) of the Federal Reports Elimi-
nation and Sunset Act of 1995 (31 U.S.C. 1113 note) 
does not apply with respect to section 303 of this Act.’’. 
SEC. 6. PRIMARY FUNCTIONS OF THE OFFICE OF ADVO-
CACY. 
Section 202 of the Act entitled ‘‘To amend the Small 
Business Act and Small Business Investment Act of 1958 
to provide additional assistance under such Acts, to create 
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a pollution control financing program for small businesses, 
and for other purposes’’ (Public Law 94–305; 15 U.S.C. 
634b) is amended— 
(1) in paragraph (11), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (12), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(13) evaluate the efforts of the Antitrust Divi-
sion of the Department of Justice and the Federal 
Trade Commission to protect small businesses from 
conduct that impairs competition.’’. 
Æ 
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