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Bill

SD 3375

An Act prohibiting anticompetitive conduct and agreements and strengthening the Massachusetts Antitrust Act

194th Legislature (2025-2026) Introduced by Will Brownsberger

Massachusetts bill expands antitrust law to prohibit broader anticompetitive conduct, strengthening state enforcement against market-restricting agreements and practices affecting consumers and competition.

Referred to the committee on The Judiciary
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Bill Summary · SD 3375

Legislative bill overview

SD 3375 strengthens Massachusetts's antitrust enforcement by expanding the state's Antitrust Act to prohibit a broader range of anticompetitive conduct and agreements. The bill modernizes existing antitrust statutes to address contemporary business practices and potentially increases enforcement mechanisms or penalties for violations.

Why is this important

State antitrust laws provide an additional layer of consumer protection beyond federal enforcement, which can be resource-constrained. Strengthened antitrust authority allows Massachusetts to address anticompetitive practices in markets like tech, healthcare, and retail that may harm consumers through higher prices, reduced choice, or barriers to entry for small businesses.

Potential points of contention

  • Business compliance burden: Expanded definitions of prohibited conduct may create uncertainty for companies about what practices are permissible, potentially requiring costly legal compliance reviews
  • Economic competitiveness: Businesses argue stricter antitrust rules could discourage investment or expansion in Massachusetts, while consumer advocates counter that enforcement deters market-harming consolidation
  • Enforcement scope and resources: Unclear whether the bill provides adequate funding for the Attorney General's office to investigate and litigate complex antitrust cases, or if it creates unfunded mandates

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

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