IB 
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 enforce-
ment 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 Com-
mittee 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 
VerDate Sep 11 2014 
03:15 Sep 27, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H5424.RH
H5424
SSpencer on DSK126QN23PROD with BILLS
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. 
VerDate Sep 11 2014 
02:43 Sep 27, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6652
E:\BILLS\H5424.RH
H5424
SSpencer on DSK126QN23PROD with BILLS
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’’. 
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 at the end and insert-
ing ‘‘; and promote competitive markets, consumer 
choice, and business ownership through enforcement 
of Federal antitrust laws in the case of anticompeti-
tive conduct that harms small businesses and the 
growth of small businesses.’’. 
SEC. 3. STATE OF SMALL BUSINESSES. 
(a) IN GENERAL.—Section 303 of the Small Business 
Economic Policy Act of 1980 (15 U.S.C. 631b) is amend-
ed to read as follows: 
‘‘SEC. 303. REPORT ON THE STATE OF SMALL BUSINESS 
CONCERNS. 
‘‘(a) SPECIFIED ENTITY REPORT.—Not later than 
180 days after the end of fiscal year 2023 and each fiscal 
VerDate Sep 11 2014 
02:43 Sep 27, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5424.RH
H5424
SSpencer on DSK126QN23PROD with BILLS
year thereafter, the head of each specified entity shall sub-
mit to the Chief Counsel for Advocacy of the Office of 
Advocacy of the Small Business Administration a report 
including— 
‘‘(1) an analysis of how enforcement by the 
specified entity of Federal antitrust laws promoted 
competition during the preceding fiscal year by de-
terring and remedying anticompetitive conduct that 
harms small businesses and the growth of small 
businesses; 
‘‘(2) the number of complaints of alleged anti-
trust violations filed by small businesses with the 
specified 
entity 
during 
such 
fiscal 
year, 
disaggregated by category of the alleged antitrust 
violation, 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 such fiscal 
year; and 
‘‘(4) the number of inquiries, investigations, 
and enforcement actions undertaken by the specified 
entity during such fiscal year pursuant to an alleged 
antitrust violation, opened for a reason other than 
VerDate Sep 11 2014 
02:43 Sep 27, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5424.RH
H5424
SSpencer on DSK126QN23PROD with BILLS
described in paragraph (3), to deter and remedy 
anticompetitive conduct that harms small businesses 
and the growth of small businesses. 
‘‘(b) OFFICE OF ADVOCACY REPORT.—Not later than 
180 days after receipt of the report required by subsection 
(a), the Chief Counsel for Advocacy shall submit to the 
Committee on Small Business of the House of Representa-
tives and the Committee on Small Business and Entrepre-
neurship of Senate a report that includes— 
‘‘(1) a summary of the report submitted under 
subsection (a); 
‘‘(2) an analysis of the data in such report, 
disaggregated by industry category; 
‘‘(3) an evaluation of the issues identified in 
such report relating to— 
‘‘(A) anticompetitive conduct that harmed 
small businesses and the growth of small busi-
nesses; and 
‘‘(B) administrative actions that promoted 
competition and growth of small businesses; 
‘‘(4) as appropriate, recommendations for ad-
ministrative actions that could— 
‘‘(A) promote competition; 
VerDate Sep 11 2014 
02:43 Sep 27, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5424.RH
H5424
SSpencer on DSK126QN23PROD with BILLS
‘‘(B) deter anticompetitive conduct that 
harmed small business and the growth of small 
businesses; and 
‘‘(C) remedy such anticompetitive conduct; 
and 
‘‘(5) as appropriate, recommendations for legis-
lative actions that could— 
‘‘(A) promote competition; 
‘‘(B) deter anticompetitive conduct that 
harmed small business and the growth of small 
businesses; and 
‘‘(C) remedy such anticompetitive con-
duct.’’. 
(b) DEFINITIONS.—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 section: 
‘‘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 
VerDate Sep 11 2014 
02:43 Sep 27, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5424.RH
H5424
SSpencer on DSK126QN23PROD with BILLS
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) SMALL BUSINESS.—The term ‘small busi-
ness’ has the meaning given ‘small business concern’ 
under section 3 of the Small Business Act (15 
U.S.C. 632). 
‘‘(4) SPECIFIED ENTITY.—The term ‘specified 
entity’ means— 
‘‘(A) the Department of Justice; and 
‘‘(B) the Federal Trade Commission.’’. 
VerDate Sep 11 2014 
02:43 Sep 27, 2023
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5424.RH
H5424
SSpencer on DSK126QN23PROD with BILLS
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 1980 to examine how the competitiveness of 
small businesses is affected by the enforcement 
of Federal antitrust laws, and for other purposes. 
SEPTEMBER 26, 2023 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
VerDate Sep 11 2014 
03:15 Sep 27, 2023
Jkt 039200
PO 00000
Frm 00008
Fmt 6651
Sfmt 6651
E:\BILLS\H5424.RH
H5424
SSpencer on DSK126QN23PROD with BILLS