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HB 1371

An Act amending Title 12 (Commerce and Trade) of the Pennsylvania Consolidated Statutes, establishing cause of action for antitrust conduct, for indirect purchaser recovery under State antitrust laws and for premerger notice of health care mergers and transactions; and imposing penalties.

2025-2026 Regular Session Introduced by Tim Brennan and 21 co-sponsors

Pennsylvania bill expands antitrust enforcement to allow indirect purchasers to sue and requires pre-notification of health care mergers to block anticompetitive deals before closing.

Referred to Judiciary
0
WeVote Research Nonpartisan
Bill Summary · HB 1371

Legislative bill overview

HB 1371 amends Pennsylvania's antitrust laws to allow indirect purchasers (consumers who buy from resellers rather than directly from the monopolist) to sue for antitrust violations, requires advance notice of health care mergers and transactions, and establishes penalties for violations. This expands the state's existing antitrust framework beyond what current federal law permits.

Why is this important

Currently under federal antitrust law, only direct purchasers can recover damages, leaving consumers who buy through intermediaries without legal recourse when anticompetitive conduct raises prices. In health care specifically—where consolidation has accelerated—advance merger notification could allow regulators to challenge deals before they close, potentially preventing price increases and service reductions before they harm patients and their insurers.

Potential points of contention

  • Business compliance burden: Companies operating in Pennsylvania would face stricter antitrust requirements than federal law and most other states, potentially requiring costly legal review of mergers and pricing practices
  • Litigation expansion: Allowing indirect purchaser suits could generate substantial class action litigation, creating unpredictability for companies and raising questions about whether settlements benefit actual consumers or primarily lawyers
  • Health care merger uncertainty: Pre-merger notification requirements could slow hospital and insurance company consolidations, which some argue improve efficiency, while others see it as necessary consumer protection

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

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