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S 3548

A bill to amend the Clayton Act to permit a State attorney general to bring a civil action for damages as parens patriae for injuries sustained by reason of price discrimination in violation of the Robinson-Patman Act amendments to the Clayton Act, and for other purposes.

119th Congress

Let states' attorneys general sue for damages for residents harmed by price discrimination under Robinson-Patman/Clayton Act, expanding parens patriae.

Introduced in Senate
5
WeVote Research Nonpartisan
Bill Summary · S 3548

Summary of Bill S.3548

Overview

  • Bill Number: S. 3548
  • Title: A bill to amend the Clayton Act to permit a State attorney general to bring a civil action for damages as parens patriae for injuries sustained by reason of price discrimination in violation of the Robinson-Patman Act amendments to the Clayton Act, and for other purposes.
  • Status: Introduced in the Senate.
  • Introduced: January 28, 2025 (with subsequent actions noted on December 17, 2025 in the provided record).
  • Sponsor: Senator George Borrello (primary).

Purpose and Intent

  • The core aim of S. 3548 is to expand the enforcement authority of state attorneys general by allowing them to file civil actions for damages on behalf of their residents (parens patriae) when those residents are injured by price discrimination that violates the Robinson-Patman Act as amended within the Clayton Act framework. In short, it would enable states to seek monetary damages for price-discrimination injuries under a revised procedural pathway aligned with the Clayton Act.

Key Provisions (as described)

  • Enforcement Expansion: Permits a State attorney general to initiate civil actions seeking damages for injuries caused by price discrimination in violation of the Robinson-Patman Act amendments to the Clayton Act.
  • Parens Patriae Mechanism: Uses the traditional parens patriae concept, allowing the state to act on behalf of its residents who have been damaged by discriminatory pricing practices.
  • Relation to Clayton and Robinson-Patman Acts: The bill explicitly ties enforcement to price discrimination rules under the Robinson-Patman Act as amended within the Clayton Act context.

Note: The summary reflects the bill’s stated aim and its linkage between state-level civil actions, damages remedies, and price-discrimination violations. Specific quantum of damages, procedural standards, standing, limitation periods, and defenses would be determined by the text of the amended provisions and existing federal rules, should the bill progress.

Who Would Be Affected

  • States and State AG Offices: Expanded jurisdiction to file civil actions for damages on behalf of residents.
  • Business Entities: Companies engaged in or accused of price discrimination under the Robinson-Patman Act amendments could face new civil damages litigation brought by states.
  • Consumers/Residents: Indirect beneficiaries through the potential for state-initiated enforcement to recover damages for injuries due to discriminatory pricing.

Procedural and Timeline Notes

  • Initial Committee Referrals (2025): Referred to the Housing, Construction and Community Development Committee on January 28, 2025 (listed twice in the record).
  • Senate Actions (2025): On December 17, 2025, the bill was introduced in the Senate, read twice, and referred to the Committee on the Judiciary (per the provided action log).
  • Related Legislation: S 9447 (a prior-session related bill) listed as a related bill.

Additional Observations

  • The bill’s approach signals a shift toward enabling state-level damages actions for certain antitrust-type injuries, leveraging the parens patriae doctrine.
  • The combination of Clayton Act amendments with the Robinson-Patman framework indicates targeted enforcement against price-discrimination practices that harm consumers within a state.

Summary

S. 3548 seeks to empower state attorneys general to sue for damages on behalf of their residents for injuries caused by price discrimination violations under Robinson-Patman Act amendments to the Clayton Act, introducing a new state-level damages remedy and expanding the scope of parens patriae enforcement in this domain.

Compiled from official sources — confirm details with the bill’s official record.

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